Case C-66/05: Action brought on 14 February 2005 by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, health insurance, social legislation, social-security benefit, social-security contribution, social-security harmonisation, worker (EU)

C 93/14

EN

Official Journal of the European Union

16.4.2005

4. Is the procedure for verifying the compatibility with Com-
munity provisions of the hunting derogations authorised by
the Italian Regions under Article 19a of Law No 157/92,
preceded by a period of notice and therefore requiring fixed
periods of time, which are also necessary for the adoption
and publication of the measure, during which the brief
period of hunting derogations itself may expire, suitable for
ensuring effective application of Directive 79/409/EC?

(1) OJ L 103 of 25.04.1979, p. 1.

Action brought on 14 February 2005 by the Commission
of the European Communities against the Kingdom of the
Netherlands

(Case C-66/05)

(2005/C 93/25)

(Language of the case: Dutch)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
14 February 2005 by the Commission of
the European
Communities, represented by Dennis Martin and Pieter van
Nuffel, acting as Agents.

The Commission claims that the Court should:

1. Declare that by taking into account, when calculating sick-
ness insurance contributions, the pensions paid under the
legislation of a Member State other than the Netherlands,
the Kingdom of the Netherlands has failed to fulfil its obliga-
tions under Article 33(1) of Regulation (EEC) No
1408/71; (1)

2. Order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

a ‘national
insurance’ scheme. Under the Wet Financiering
Volksverzekeringen (Law on the financing of national insurance
schemes) all
insured persons are liable to pay contributions.
The contribution is calculated on the basis of their income as a
whole.

The result of this legislation is that a person who lives in the
Netherlands and receives both a Netherlands pension and a
pension under the legislation of another Member State is
insured under the AWBZ for special sickness costs but is also
liable to pay contributions. When calculating that contribution,
both his Netherlands pension and his other pension are taken
into account.

According to the Commission, Article 33(1) of the Regulation
only permits the Netherlands pension to be taken into account
when calculating that contribution; according to the Nether-
lands, the entire income may be taken into account, including
the pension which the person concerned receives under the
legislation of another Member State.

(1) (OJ, English special edition, 1971 (II), p. 416). Regulation amended
and updated by Regulation (EC) No 118/97 (OJ L 28 of 30.1.1997,
p. 1) and last amended by Regulation (EC) No 631/2004 of the
European Parliament and of the Council (OJ L 100 of 6.4.2004, p.
1).

Reference for a preliminary ruling from the Finanzgericht
München by order of that court of 1 February 2005 in
Household of Jörg and Stefanie Wollny v Finanzgericht
Landshut

(Case C-72/05)

(2005/C 93/26)

(Language of the case: German)

The purpose of the Algemene Wet Bijzondere Ziektekosten
(General law on special sickness costs; ‘AWBZ’) is to cover the
cost of treatment, care and nursing in the case of serious long-
term sickness or invalidity. All inhabitants, that is to say all
persons resident in the Netherlands, are insured. It is therefore

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht München
(Germany) of 1 February 2005, received at the Court Registry
on 15 February 2005, for a preliminary ruling in the proceed-
ings between Household of
Jörg and Stefanie Wollny and
Finanzgericht Landshut on the following question: