574/72 PROVIDES AS FOLLOWS :
"( 1 ) ENTITLEMENT TO FAMILY BENEFITS OR FAMILY ALLOWANCES DUE UNDER THE LEGISLATION OF A MEMBER STATE, ACCORDING TO WHICH ACQUISITION OF THE RIGHT TO THOSE BENEFITS OR ALLOWANCES IS NOT SUBJECT TO CONDITIONS OF INSURANCE, EMPLOYMENT, OR SELF-EMPLOYMENT, SHALL BE SUSPENDED WHEN, DURING THE SAME PERIOD AND FOR THE SAME MEMBER OF THE FAMILY :
( A ) BENEFITS ARE DUE IN PURSUANCE OF ARTICLE 73 OR 74 OF THE REGULATION . IF, HOWEVER, THE SPOUSE OF THE EMPLOYED PERSON ... REFERRED TO IN THOSE ARTICLES, EXERCISES A PROFESSIONAL OR TRADE ACTIVITY IN THE TERRITORY OF THE SAID MEMBER STATE, THE RIGHT TO FAMILY BENEFITS OR FAMILY ALLOWANCES DUE IN PURSUANCE OF THE SAID ARTICLES SHALL BE SUSPENDED; AND ONLY THOSE FAMILY BENEFITS OR FAMILY ALLOWANCES OF THE MEMBER STATE IN WHOSE TERRITORY THE MEMBER OF THE FAMILY IS RESIDING SHALL BE PAID, THE COST TO BE BORNE BY THAT MEMBER STATE ."
7 ARTICLE 73 OF REGULATION NO 1408/71 PROVIDES :
"( 1 ) AN EMPLOYED PERSON SUBJECT TO THE LEGISLATION OF A MEMBER STATE OTHER THAN FRANCE SHALL BE ENTITLED TO THE FAMILY BENEFITS PROVIDED FOR BY THE LEGISLATION OF THE FIRST MEMBER STATE FOR MEMBERS OF HIS FAMILY RESIDING IN THE TERRITORY OF ANOTHER MEMBER STATE, AS THOUGH THEY WERE RESIDING IN THE TERRITORY OF THE FIRST STATE ."
8 MRS BURCHELL APPEALED TO THE SOCIAL SECURITY COMMISSIONER . THE SOCIAL SECURITY COMMISSIONER TOOK THE VIEW THAT THE DISPUTE RAISED CERTAIN QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72; HE THEREFORE STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
"( 1 ) ( A ) IS A PERSON WHO HAS BEEN COMPULSORILY INSURED FOR A NUMBER OF CONTINGENCIES COVERED BY THE BRANCHES OF A SOCIAL SECURITY SCHEME FOR ( AMONG OTHERS ) EMPLOYED PERSONS, BUT WHO HAS CEASED TO PAY CONTRIBUTIONS UNDER SUCH SCHEME EITHER COMPULSORILY OR ON AN OPTIONAL CONTINUED BASIS TO BE TREATED AS AN EMPLOYED PERSON FOR THE PURPOSES OF REGULATIONS 1408/71 AND 574/72, IF THE CONTRIBUTIONS PAID BY SUCH PERSON WHILE SO COMPULSORILY INSURED CONTINUE TO BE SUFFICIENT BY THEMSELVES TO ENTITLE HIS OR HER ESTATE IN THE EVENT OF HIS OR HER DEATH TO BE PAID A DEATH GRANT UNDER SUCH SCHEME BUT ARE INSUFFICIENT EITHER ALONE OR IN CONJUNCTION WITH OTHER MATTERS TO ENTITLE HIM OR HER TO ANY OTHER CONTRIBUTORY BENEFIT UNDER SUCH SCHEME?
( B ) IF THE ANSWER TO QUESTION ( A ) IS NEGATIVE, CAN THE RIGHT OF A PERSON WHO IS NOT EITHER AN EMPLOYED PERSON OR A SELF-EMPLOYED PERSON FOR THE PURPOSES OF REGULATIONS 1408/71 AND 574/72 TO ANY BENEFIT UNDER SUCH A SCHEME ( NOT BEING A BENEFIT DERIVED THROUGH SUCH PERSON' S STATUS AS A MEMBER OF THE FAMILY OR SURVIVOR OF AN EMPLOYED PERSON OR A SELF-EMPLOYED PERSON ) BE ADVERSELY AFFECTED BY ANY OF THE