Judgment of the Court 28 September 1994

In Case C-57/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Kantongerecht (Cantonal Court) Utrecht (Netherlands) for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. E Mancini (Rapporteur), J. C. Moitinho de Almeida, M. Díez de Velasco and D. A. O. Edward (Presidents of Chambers), C. N. Kakouris, R. Joliét, 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 Vroege, by T. P. J. de Graaf, of the Utrecht Bar, the German Government, by E. Röder, Ministerialrat at the Federal Ministry of Economic Affairs, and C.-D. Quassaoski, Regierungsdirektor at the same Ministry, both acting as Agents, the Belgian Government, by J. Devadder, Director of Administration at 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, both acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Mrs Vroege, represented by M. Greebe, of the Utrecht Bar, NCIV Instituut voor Volkshuisvesting BV and the Stichting Pensioenfonds NCIV, represented by E. Lutjens, of the Utrecht Bar, the German Government, the United Kingdom and the Commission at the hearing on 26 April 1994,

after hearing the Opinion of the Advocate General at the sitting on 7 June 1994,

gives the following

Judgment

The first question

The second and third questions

The fourth question

Costs

1 Language of the case: Dutch.