Judgment of the Court (Second Chamber) 25 June 1992

In Case C-l 16/91, REFERENCE to the Court under Article 177 of the EEC Treaty by Petersfield Magistrates' Court for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: F. A. Schockweiler, President of the Chamber, G. F. Mancini and J. L. Murray, Judges, Advocate General: M. Darmon, Registrar: J. A. Pompe, Deputy Registrar,

after considering the written observations submitted on behalf of: British Gas pic, by David Vaughan QC and Andrew Geddes, Barrister, and C. E. H. Twiss, Solicitor, the United Kingdom, by John E. Collins, Assistant Treasury Solicitor, acting as Agent, the Commission of the European Communities, by A. Xavier Lewis and Lucio Gussetti, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of British Gas pic, the United Kingdom, represented by Derrick Wyatt, Barrister, and the Commission of the European Communities, at the hearing on 12 March 1992,

after hearing the Opinion of the Advocate General at the sitting on 8 April 1992,

gives the following

Judgment

Question 1

Question 2

Costs

1 Language of the case: English.