Judgment of the Court 28 September 1994

In Case C-28/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Kantongerecht (Cantonal Court), The Hague (Netherlands), for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. F. Mancini (Rapporteur), J. C. Moitinho de Almeida and M. Diez de Velasco (Presidents of Chambers), R. Joliet, F. A. Schockweiler, G. C. Rodríguez Iglesias, F. Grévisse, M. Zuleeg, P. J. G. Kapteyn and J. L. Murray, Judges, Advocate General: W. Van Gerven, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Mrs van den Akker and the other applicants in the main proceedings, by H. Coeverden, of the Amsterdam Bar, the Stichting Shell Pensioenfonds, by R. A. A. Duk, of the Bar of The Hague, the Netherlands Government, by A. Bos, Legal Adviser to the Ministry of Foreign Affairs, acting as Agent, the German Government, by Ernst Röder, Ministerialrat at the Federal Ministry of Economic Affairs, and Claus-Dieter Quassowski, Regierungsdirektor in the same Ministry, acting as Agents, the Commission of the European Communities, by Karen Banks and Ben Smulders, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Mrs van den Akker and the other applicants in the main proceedings, the Stichting Shell Pensioenfonds, the Netherlands Government, represented by J. W. de Zwaan, Deputy Legal Adviser to the Ministry of Foreign Affairs, the United Kingdom, represented by John E. Collins, Assistant Treasury Solicitor, acting as Agent, and Nicholas Paines, Barrister, and the Commission at the hearing on 15 March 1994,

after hearing the Opinion of the Advocate General at the sitting on 4 May 1994,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: Dutch.