Case C-54/05: Action brought on 9 February 2005 by the Commission of the European Communities against the Republic of Finland
Date: 2005-04-16
Institutions: Court of Justice
Subjects: EU Member State, European Commission, Finland, action for failure to fulfil an obligation, free movement of goods, import, residence, transit, vehicle registration

16.4.2005

EN

Official Journal of the European Union

C 93/11

The Commission requests the Court

a) to find that Ireland has failed its obligations under the EC
Treaty by failing to adopt the laws, regulations and adminis-
trative provisions necessary to comply with Council Direc-
tive 2000/79/EC of 27th November 2000 concerning the
European Agreement on the Organisation of Working Time
of Mobile Workers in Civil Aviation concluded by the Asso-
ciation of European Airlines (AEA), the European Transport
Workers' Federation (ETF), the European Cockpit Associa-
tion (ECA), the European Regions Airline Association (ERA)
and the International Air Carrier Association (IACA) (1) or
by failing to ensure that management and labour have intro-
duced the necessary measures by agreement, and/or by
failing to inform the Commission thereof;

Is Article 33(1) of Regulation (EEC) No. 1408/71 (1) of the
Council 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 to be
interpreted as meaning that in a situation where a pensioner is
entitled under Article 27 of the regulation to claim sickness
and maternity benefits only from the institution of the place of
residence and at the expense of that institution, the assessment
of sickness insurance contributions in such a way that in the
pensioner's State of residence both the pensions received from
that State and the pensions he receives from another State are
taken into account as the basis for determining the amount of
the sickness insurance
those contributions – provided that
contributions do not exceed the amount of pensions awarded
by the State of residence – is incompatible with that provision?

and

(1) OJ English Special Edition, Series I Chapter 1971 (II), p. 416.

b) to condemn Ireland to bear the costs of the procedure.

Pleas in law and main arguments:

The period within which the directive had to be transposed
expired on 1 December 2003.

(1) OJ L 302, 01.12.2000, p. 57

Action brought on 9 February 2005 by the Commission of
the Republic of
the European Communities against

Finland

(Case C-54/05)

(2005/C 93/21)

Reference for a preliminary ruling from the Korkein
Hallinto-oikeus by decision of that court of 4 February
2005 in the case of Maija Terttu Inkeri Nikula

(Language of the case: Finnish)

(Case C-50/05)

(2005/C 93/20)

Justice of

An action against the Republic of Finland was brought before
the Court of
the European Communities on 9
February 2005 by the Commission of the European Commu-
nities, represented by M. van Beek and M. Huttunen, acting as
Agents, with an address for service in Luxembourg.

(Language of the case: Finnish)

The Commission claims that the Court should:

Reference has been made to the Court of Justice of the Euro-
pean Communities by decision of the Korkein Hallinto-oikeus
(Supreme Administrative Court) (Finland) of 4 February 2005,
received at the Court Registry on 8 February 2005, for a preli-
minary ruling in the proceedings concerning Maija Terttu
Inkeri Nikula on the following question:

1. declare that, by requiring a transfer licence for vehicles
lawfully used and registered in another Member State, the
Republic of Finland has failed to fulfil its obligations under
Articles 28 EC and 30 EC;

2. order the Republic of Finland to pay the costs.

C 93/12

EN

Official Journal of the European Union

16.4.2005

Pleas in law and main arguments

in force in Finland,

It follows from the provisions of Regulation 1598/1995 on the
registration of vehicles,
that a person
in Finland is obliged to apply for a
permanently resident
temporary transfer licence for a vehicle previously lawfully
registered and insured in another Member State when the
vehicle is imported or transferred through Finland to another
Member State or a non-member country. A person perma-
nently resident in Finland may not thus use a vehicle previously
registered and insured in another Member State in Finland
without a transfer licence. Obtaining a transfer licence requires
for its part that a person living in Finland importing a vehicle
registered in another Member State stops at
the frontier
crossing point, where he can apply for the transfer licence and
pay the fees for the licence. He cannot use the vehicle in
Finland until the transfer licence is granted. A transfer licence is
usually granted for seven days, after which the importer of the
vehicle must register the vehicle in the Finnish vehicle traffic
register if he wishes to use the vehicle in Finland other than
temporarily under the transfer licence.

Under Article 28 EC, quantitative restrictions on imports and
all measures having equivalent effect are prohibited between
Member States.

Since a person living in Finland, when importing a vehicle
registered in another Member State or transferring it through
Finland to another Member State or a non-member country,
has to stop at the Finnish frontier in order to apply for a
transfer licence for the vehicle, the vehicle becomes the object
of systematic frontier checks which clearly satisfy the character-
istics of the quantitative restrictions on imports or measures
having equivalent effect referred to in Article 28 EC.

Finland has not adduced any grounds to show that the only
method of ensuring the effectiveness of monitoring is the appli-
cation of a transfer licence system which in practice means, for
a person permanently resident in Finland, a systematic obliga-
tion to comply with special frontier formalities, that is, an obli-
gation to stop at the nearest frontier crossing point and apply
for a transfer licence without any statutory guarantee that it
will be possible for a vehicle lawfully registered, insured and
tested in another Member State to be used in Finland. Such
systematic frontier formalities are a fundamental restriction on
the free movement of goods.

Having regard to the above points of view, the Commission
submits that the transfer licence system in force in Finland
under Regulation 1598/1995 is contrary to Articles 28 EC and
30 EC. Should the Court of Justice consider that the transfer
licence system could in general be based on Article 30 EC, the
Commission submits that the seven-day period of validity of
the transfer licence in accordance with the main provision of
the regulation is in any event contrary to Articles 28 EC and
30 EC.

Action brought on 9 February 2005 by the Commission of
the European Communities against the Hellenic Republic

(Case C-56/05)

(2005/C 93/22)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 9 February
2005 by the Commission of the European Communities, repre-
sented by Dimitris Triandafillou, Legal Adviser, with an address
for service in Luxembourg.

The applicant claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/48/EC (1) of 3 June 2003 on taxation of
savings income in the form of interest payments or, in any
event, by failing to inform the Commission of
such
measures, the Hellenic Republic has failed to fulfil its obliga-
tions under Article 17 of that directive.

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 1 January 2004.

transposing the directive into

Should the Court of Justice consider that the transfer licence
system could in general be based on Article 30 EC (quod non),
the Commission submits that the seven-day period of validity
of the transfer licence in accordance with the main provision of
the regulation is in any event unreasonably short.

(1) OJ L 157 of 26.06.2003, p. 38.