# C_2008064EN.01000402.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/4 |
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8.3.2008

EN

Official Journal of the European Union

C 64/4

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Judgment of the Court (Second Chamber) of 18 October 2007 — Commission of the European Communities v European Parliament, Council of the European Union

(Case C-299/05) (1)

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(Action for annulment - Social security - Regulation (EEC) No 1408/71 - Articles 4(2a) and 10a - Annex IIa - Regulation (EC) No 647/2005 - Special non-contributory benefits)

(2008/C 64/04)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: M.-J. Jonczy, D. Martin and V. Kreuschitz, Agents)

Applicant:

Defendants: European Parliament (represented by: G. Ricci and A. Troupiotis, Agents), Council of the European Union (represented by M. Veiga, J. Leppo and G. Curmi, Agents)

Defendants:

Interveners in support of the defendant: Republic of Finland (represented by: T. Pynnä, J. Heliskoski and E. Bygglin, Agents), Kingdom of Sweden (represented by: A. Kruse and R. Sobocki, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: E. O'Neill and C. Vajda, Agents)

Interveners in support of the defendant:

Re:

Annulment of the provisions of point 2 of Annex I to Regulation (EC) No 647/2005 of 13 April 2005 amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 relating to the headings W. Finland (b), X. Sweden (c) and Y. United Kingdom (d), (e) and (f) (OJ 2005 L 117, p. 1) — Special non-contributory cash benefits

Operative part of the judgment

The Court:

| 1. | Annuls the provisions of point 2 of Annex I to Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 under the headings ‘FINLAND’, (b), ‘SWEDEN’, (c), and ‘UNITED KINGDOM’, (d) to (f); |
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1.

Annuls the provisions of point 2 of Annex I to Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 under the headings ‘FINLAND’, (b), ‘SWEDEN’, (c), and ‘UNITED KINGDOM’, (d) to (f);

| 2. | Maintains the effects of the inclusion of the Disability Living Allowance under the heading ‘UNITED KINGDOM’, (d), of Annex IIa to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation No 647/2005, as regards solely the ‘mobility’ part of that allowance so that, within a reasonable period, appropriate measures can be taken to include it in that annex; |
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2.

Maintains the effects of the inclusion of the Disability Living Allowance under the heading ‘UNITED KINGDOM’, (d), of Annex IIa to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation No 647/2005, as regards solely the ‘mobility’ part of that allowance so that, within a reasonable period, appropriate measures can be taken to include it in that annex;

| 3. | Orders the European Parliament and the Council of the European Union to bear their own costs and to pay, in equal shares, those of the Commission of the European Communities; |
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3.

Orders the European Parliament and the Council of the European Union to bear their own costs and to pay, in equal shares, those of the Commission of the European Communities;

| 4. | Orders the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland to bear their own costs. |
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4.

Orders the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

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(1)  OJ C 243, 1.10.2005.

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