Case C-105/05: Action brought on 3 March 2005 by the Commission of the European Communities against the Republic of Finland
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, family benefit, social legislation, social-security benefit, social-security harmonisation, worker (EU)

C 93/22

EN

Official Journal of the European Union

16.4.2005

The Commission claims that the Court should:

1. declare that, by failing to bring into force as regards the
province of Åland (Ahvenanmaa) the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2000/78/EC of 27 November 2000 (1) establishing
a general framework for equal treatment in employment
and occupation, or at least by failing to communicate them
to the Commission, the Republic of Finland has failed to
fulfil its obligations under the directive;

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

Pleas in law and main arguments

The period prescribed for implementation of
expired on 2 December 2003.

the directive

Finland, in addition to the pension income paid by Finland also
that paid by other Member States. The Commission submits
that
the taking into account of pension income paid by
another Member State when determining the basis of payment
of social security contributions is contrary to Article 33(1) of
Council Regulation (EEC) No 1408/71 and the case-law of the
Court of Justice (Case C-389/99 Rundgren).

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

(1) OJ L 303 of 2.12.2000, p. 16.

Action brought on 3 March 2005 by the Commission of
the Republic of
the European Communities against

Finland

(Case C-107/05)

(2005/C 93/42)

Action brought on 3 March 2005 by the Commission of
the Republic of
the European Communities against

(Language of the case: Finnish)

Finland

(Case C-105/05)

(2005/C 93/41)

An action against the Republic of Finland was brought before
the Court of Justice of the European Communities on 3 March
2005 by the Commission of the European Communities, repre-
sented by U. Wölker and P. Aalto, acting as Agents, with an
address for service in Luxembourg.

(Language of the case: Finnish)

The Commission claims that the Court should:

An action against the Republic of Finland was brought before
the Court of Justice of the European Communities on 3 March
2005 by the Commission of the European Communities, repre-
sented by D. Martin and I. Koskinen, acting as Agents, with an
address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that the Republic of Finland,

in calculating social
security contributions, has failed to fulfil
its obligations
under Article 33(1) of Council Regulation (EEC) No
1408/71 of 14 June 1971 (1) 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 Republic of Finland to pay the costs.

the European Parliament and of

1. declare that, by failing to incorporate Directive 2003/87/EC
of
the Council of 13
October 2003 (1) establishing a scheme for greenhouse gas
emission allowance trading within the Community and
amending Council Directive 96/61/EC into its national legis-
lation as regards the province of Åland (Ahvenanmaa), or at
least by failing to communicate that to the Commission, the
Republic of Finland has failed to fulfil its obligations under
the directive;

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

Pleas in law and main arguments

The period prescribed for implementation of
expired on 31 December 2003.

the directive

Pleas in law and main arguments

(1) OJ L 275 of 25.10.2003, p. 32.

Finland takes account in accordance with national legislation,
the Law on Sickness Insurance (364/1963), when determining
living in
the social security contributions of a pensioner