# C_2011186EN.01000702.xml

| 25.6.2011 | EN | Official Journal of the European Union | C 186/7 |
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25.6.2011

EN

Official Journal of the European Union

C 186/7

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Judgment of the Court (Fifth Chamber) of 5 May 2011 — European Commission v Federal Republic of Germany

(Case C-206/10) (1)

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(Failure of a Member State to fulfil obligations - Regulation (EEC) No 1408/71 - Article 4(1)(a) - Regulation (EEC) No 1612/68 - Article 7(2) - German Länder benefits for the blind, the deaf and the disabled - Residence qualification)

2011/C 186/12

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: V. Kreuschitz, acting as Agent)

Applicant:

Defendant: Federal Republic of Germany (represented by: T. Henze and C. Blaschke, acting as Agents)

Defendant:

Intervener in support of the defendant: Kingdom of the Netherlands (represented by M. Noort, acting as Agent)

Intervener in support of the defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968(II), p. 475) and of Article 4(1)(a), in conjunction with Title III, Chapter 1, of 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 (OJ, English Special Edition 1971(II), p. 416) — National legislation making the grant of benefits by the Länder to the disabled and the blind conditional upon the recipient being resident in the Land in question — Benefits referred to in Annex II, Section III to Regulation (EEC) No 1408/71 — Concept of ‘special non-contributory benefit’

Länder

Land

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by making the grant of benefits for the blind, the deaf and the disabled under Länder legislation conditional, in respect of persons for whom the Federal Republic of Germany is the competent Member State, upon a condition of residence or habitual residence in the Land concerned, the Federal Republic of Germany has failed to fulfil its obligations under Article 4(1)(a) of 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 amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005, in conjunction with Title III, Chapter 1 of that regulation, and under Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community; |
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1.

Declares that, by making the grant of benefits for the blind, the deaf and the disabled under Länder legislation conditional, in respect of persons for whom the Federal Republic of Germany is the competent Member State, upon a condition of residence or habitual residence in the Land concerned, the Federal Republic of Germany has failed to fulfil its obligations under Article 4(1)(a) of 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 amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005, in conjunction with Title III, Chapter 1 of that regulation, and under Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community;

| 2. | Orders the Federal Republic of Germany to pay the costs; |
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2.

Orders the Federal Republic of Germany to pay the costs;

| 3. | Orders the Kingdom of the Netherlands to bear its own costs. |
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3.

Orders the Kingdom of the Netherlands to bear its own costs.

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(1)  OJ C 179, 3.7.2010.

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