Case C-50/05: 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
Date: 2005-04-16
Institutions: Court of Justice
Subjects: EU Member State, free movement of workers, health insurance, interpretation of the law, residence, social security, social-security contribution, wage earner

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.