# C_2008113EN.01001401.xml

| 8.5.2008 | EN | Official Journal of the European Union | C 113/14 |
| --- | --- | --- | --- |

8.5.2008

EN

Official Journal of the European Union

C 113/14

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 14 December 2007

in Case E-5/06

EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Article 4(1) and (2a) of Council Regulation (EEC) No 1408/71 — Social security benefits and special non-contributory benefits — Legal effect of Annex IIa to Regulation (EEC) No 1408/71 listing special non-contributory benefits — Decision No 1/95 of the EEA Council on the entry into force of the EEA Agreement for Liechtenstein)

(Failure by a Contracting Party to fulfil its obligations — Article 4(1) and (2a) of Council Regulation (EEC) No 1408/71 — Social security benefits and special non-contributory benefits — Legal effect of Annex IIa to Regulation (EEC) No 1408/71 listing special non-contributory benefits — Decision No 1/95 of the EEA Council on the entry into force of the EEA Agreement for Liechtenstein)

(2008/C 113/11)

In Case E-5/06, EFTA Surveillance Authority v The Principality of Liechtenstein — application for a declaration that 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, the Court, composed of: Carl Baudenbacher, President, Henrik Bull, Judge-Rapporteur, and Thorgeir Örlygsson, Judge, gave judgment on 14 December 2007, the operative part of which is as follows:

| 1. | Declares that the Principality of Liechtenstein, by applying a requirement of residence for entitlement to the helplessness allowance, 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. |
| --- | --- |

1.

Declares that the Principality of Liechtenstein, by applying a requirement of residence for entitlement to the helplessness allowance, 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.

| 2. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

2.

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

---