Judgment of the Court 28 September 1994

In Case C-7/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Centrale Raad van Beroep for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, J. C. Moitinho de Almeida and D. A. O. Edward (Presidents of Chambers), C. N. Kakouris, R. Joliet, G. C. Rodríguez Iglesias, F. Grévisse (Rapporteur), M. Zuleeg and P. J. G. Kapteyn, Judges, Advocate General: F. G. Jacobs, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: the Bestuur van het Algemeen Burgerlijk Pensioenfonds, the appellant in the main proceedings, by G. R. J. de Groot and L. A. D. Keus, of the Hague Bar, G. A. Beune, the respondent in the main proceedings, by E. Lutjens and A. R. Bosman, of the Utrecht Bar, the Netherlands Government, by A. Bos, Legal Adviser in the Ministry of Foreign Affairs, acting as Agent, the United Kingdom, by J. E. Collins, Assistant Treasury Solicitor, acting as Agent, assisted by N. Paines, Barrister, the Commission of the European Communities, by K. Banks and B. J. Drijber, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the appellant in the main proceedings, the respondent in the main proceedings, the Netherlands Government, represented by T. Heukels, Assistant Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, the United Kingdom and the Commission of the European Communities at the hearing on 9 March 1994,

after hearing the Opinion of the Advocate General at the sitting on 27 April 1994,

gives the following

Judgment

The first and fifth questions

The second, third and fourth questions

The sixth question

The seventh question

Costs

1 Language of the case: Dutch.