Judgment of the Court (Sixth Chamber) 20 June 1991

In Case C-356/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Social Security Commissioner for a preliminary ruling in the proceedings pending before her between

THE COURT (Sixth Chamber), composed of: G. F. Mancini, President of the Chamber, T. F. O'Higgins, C. N. Kakouris, F. A. Schockweiler and P. J. G. Kapteyn, Judges, Advocate General: M. Darmon, Registrar: H. A. Rühi, Principal Administrator,

after considering the observations submitted on behalf of: R. S. Newton, by V. Chapman, Solicitor, assisted by M. Rowland, Barrister, the United Kingdom, by R. M. Caudwell, of the Treasury Solicitor's Department, acting as Agent, assisted by D. Pannick, Barrister, the Belgian Government, by R. Delizee, State Secretary for Public Health and the Disabled, acting as Agent, the Commission of the European Communities, by K. Banks, a member of its Legal Department, acting as Agent,

having regard to the Report for the Hearing,

after hearing argument on behalf of Mr Newton, the United Kingdom and the Commission at the hearing on 16 January 1991,

after hearing the Opinion of the Advocate General at the sitting on 5 March 1991,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: English.