# C_2007072EN.01004801.xml

| 29.3.2007 | EN | Official Journal of the European Union | C 72/48 |
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29.3.2007

EN

Official Journal of the European Union

C 72/48

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Action brought on 15 November 2006 by the EFTA Surveillance Authority against the Principality of Liechtenstein

(Case E-5/06)

(2007/C 72/23)

An action against the Principality of Liechtenstein was brought before the EFTA Court on 15 November 2006 by the EFTA Surveillance Authority, represented by Niels Fenger and Arne Torsten Andersen, acting as Agents of the EFTA Surveillance Authority, 35, Rue Belliard, B-1040 Brussels.

The applicant claims that the Court should:

| 1. | Declare that by applying a requirement of residence in Liechtenstein for the entitlement to helplessness allowance, the Principality of Liechtenstein has failed to fulfil its obligations pursuant to Articles 19(1) and (2), 25(1) and 28(1) of the Act referred to at point 1 of Annex VI to the EEA Agreement (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), as adapted to the EEA Agreement by Protocol 1 thereto; and |
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1.

Declare that by applying a requirement of residence in Liechtenstein for the entitlement to helplessness allowance, the Principality of Liechtenstein has failed to fulfil its obligations pursuant to Articles 19(1) and (2), 25(1) and 28(1) of the Act referred to at point 1 of Annex VI to the EEA Agreement (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), as adapted to the EEA Agreement by Protocol 1 thereto; and

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

| 2. | Order the Principality of Liechtenstein to bear the costs of the proceedings. |
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2.

Order the Principality of Liechtenstein to bear the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The present case concerns the Liechtenstein Hilflosenentschädigung, (helplessness allowance) for persons who permanently require a considerable degree of help from a third person or personal surveillance to carry out daily tasks. The allowance is not supplementing any other social security benefit, and is granted without regard to income. The allowance is not linked to past contributions to the State, and the recipient is not required to suffer from a sickness. |
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The present case concerns the Liechtenstein Hilflosenentschädigung, (helplessness allowance) for persons who permanently require a considerable degree of help from a third person or personal surveillance to carry out daily tasks. The allowance is not supplementing any other social security benefit, and is granted without regard to income. The allowance is not linked to past contributions to the State, and the recipient is not required to suffer from a sickness.

Hilflosenentschädigung

| — | Liechtenstein law requires that the recipient of the allowance reside in Liechtenstein. |
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Liechtenstein law requires that the recipient of the allowance reside in Liechtenstein.

| — | The Liechtenstein helplessness allowance is listed in Annex IIa to Regulation 1408/71 (cf. Articles 4(2a)(c) and 10a of the Regulation) as a special non-contributory cash benefit, which would as such not be an exportable benefit under the Regulation. |
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The Liechtenstein helplessness allowance is listed in Annex IIa to Regulation 1408/71 (cf. Articles 4(2a)(c) and 10a of the Regulation) as a special non-contributory cash benefit, which would as such not be an exportable benefit under the Regulation.

| — | The EFTA Surveillance Authority pleads, however, that the correct classification of the helplessness allowance would be as a sickness benefit in cash (cf. Article 4(1) of the Regulation), exportable in accordance with Articles 19 (1) and (2), 25 (1) and 28 (1) of the Regulation. |
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The EFTA Surveillance Authority pleads, however, that the correct classification of the helplessness allowance would be as a sickness benefit in cash (cf. Article 4(1) of the Regulation), exportable in accordance with Articles 19 (1) and (2), 25 (1) and 28 (1) of the Regulation.

| — | The correct classification of the allowance is decisive as to whether the Principality of Liechtenstein is obliged to grant the benefit to applicants residing outside Liechtenstein but otherwise fulfilling the relevant criteria as set out in the Regulation. |
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The correct classification of the allowance is decisive as to whether the Principality of Liechtenstein is obliged to grant the benefit to applicants residing outside Liechtenstein but otherwise fulfilling the relevant criteria as set out in the Regulation.

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