Judgment of the Court 20 September 1994

In Case C-12/93, 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, M. Diez de Velasco and D. A. O. Edward (Presidents of Chambers), C. N. Kakouris, G. C. Rodríguez Iglesias, F. Grévisse, M. Zuleeg (Rapporteur) and P. J. G. Kapteyn, Judges, Advocate General: G. Tesauro, Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of: the Bestuur van de Nieuwe Algemene Bedrijfsvereniging, by C. R. J. A. M. Brent, acting head of the Legal Service (social security) of the association known as the Gemeenschappelijk Administratiekantoor, the Netherlands Government, by A. Bos, Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, the Greek Government, by F. P. Georgakopoulos, Assistant Legal Adviser to State Counsel, acting as Agent, the Council of the European Union, by Sophia Kyriakopoulou and Anna-Maria Colaert, of its Legal Service, acting as Agents, the Commission of the European Communities, by M. Patakia and B.-J. Drijber, members of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the appellant, represented by F. W. M. Keunen, legal assistant to the Gemeenschappelijk Administratiekantoor, acting as Agent, of the Netherlands Government, represented by J. W. de Zwaan, assistant legal adviser at the Ministry of Foreign Affairs, acting as Agent, of the Council and of the Commission, represented by B.-J. Drijber and P. Altmaier, Administrator, at the hearing on 8 March 1994,

after hearing the Opinion of the Advocate General at the sitting on 26 April 1994,

gives the following

Judgment

The first part of the question

The second part of the question

Costs

1 Language of the case: Dutch.