Judgment of the Court (First Chamber) 27 January 1994

In Case C-287/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Social Security Commissioner (United Kingdom) for a preliminary ruling in the proceedings pending before him between

THE COURT (First Chamber), composed of: D.A.O. Edward, President of the Chamber, R. Joliét and G.C. Rodriguez Iglesias (Rapporteur), Judges, Advocate General: CO. Lenz, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Mrs Toosey, by the Disability Law and Advisory Centre and M. Allan, Barrister, the United Kingdom, by J.E. Collins, of the Treasury Solicitor's Department, acting as Agent, and N. Paines, Barrister, the Commission of the European Communities, by N. Khan, a member of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of the United Kingdom and the Commission at the hearing on 23 September 1993,

after hearing the Opinion of the Advocate General at the sitting on 18 November 1993,

gives the following

Judgment

If the answer to Question (1) is in the affirmative,

If the answer to Question (1) is negative,

The first question

The second, third, fourth and fifth questions

The sixth question

Costs

1 Language of the case: English.