Judgment of the Court (Sixth Chamber) of 26 May 2005 in Case C-287/04: Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Directive 93/104/EC — Organisation of working time — Failure to transpose within the prescribed period)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, arrangement of working time, national implementing measure, rest period, working time

23.7.2005

EN

Official Journal of the European Union

C 182/17

JUDGMENT OF THE COURT

Member State, on self-employed persons pursuing professional
activities in that capacity in those two Member States.

(Fifth Chamber)

of 26 May 2005

(1) OJ C 190 of 24.07.2004.

in Case C-249/04: Reference for a preliminary ruling from
the Cour du travail de Liège, Neufchâteau section José
sociales pour
Allard v Institut national d'assurances

travailleurs indépendants (Inasti) (1)

(Articles 48 and 52 of the EC Treaty (now, after amendment,
Articles 39 EC et 43 EC) — Regulation (EEC) No 1408/71
— Self-employed persons pursuing professional activities in
the territories of two Member States and residing in one of
them — Requirement of a moderation contribution — Basis
of calculation)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 26 May 2005

(2005/C 182/31)

(Language of the case: French)

in Case C-287/04: Commission of the European Commu-
nities v Kingdom of Sweden (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 93/104/EC — Organisation of working time — Failure
to transpose within the prescribed period)

In Case C-249/04: reference for a preliminary ruling under
Article 234 EC from the Cour du travail de Liège, Neufchâteau
section (Belgium), made by decision of 9 June 2004, received at
the Court on 11 June 2004, in the proceedings between José
Allard and Institut national d'assurances sociales pour travail-
(Fifth Chamber),
(Inasti) — the Court
leurs
composed of R. Silva de Lapuerta, President of the Chamber,
P. Kūris and J. Klučka (Rapporteur), Judges; F.G. Jacobs, Advo-
cate General; R. Grass, Registrar, gave a judgment on 26 May
2005, the operative part of which is as follows:

indépendants

1. Article 13 et seq. of Regulation (EEC) No 1408/71 of

the
Council of 14 June 1971 on the application of social security
to self-employed persons and to
schemes to employed persons,
members of
their families moving within the Community, as
amended and updated by Council Regulation (EEC) No 2001/83
of 2 June 1983, require a contribution such as the moderation
contribution payable under Royal Decree No 289 of 31 March
1984 to be calculated in such as way as to include under the
heading of occupational income the income obtained in the terri-
tory of a Member State other than the Member State whose social
legislation is applicable even if, after paying that contribution, the
self-employed person cannot claim any social security or other
benefit at the expense of that State.

2. Article 52 of the EC Treaty (now, after amendment, Article 43
EC) does not preclude the imposition of a contribution such as the
moderation contribution, payable in the Member State of residence
and calculated taking into account income obtained in another

(2005/C 182/32)

(Language of the case: Swedish)

In Case C-287/04 Commission of the European Communities
(Agents: L. Ström van Lier and N. Yerrell) v Kingdom of
Sweden (Agent: A. Kruse) — action under Article 226 EC for
failure to fulfil obligations, brought on 5 July 2004 — the
composed of A. Borg Barthet
Court
(Rapporteur), President of the Chamber, U. Lõhmus and A. Ó
Caoimh,
Judges; M. Poiares Maduro, Advocate General; R.
Grass, Registrar, gave a judgment on 26 May 2005, in which
it:

(Sixth Chamber),

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Articles 3, 6
and 8 of Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organisation of working time, the
Kingdom of Sweden has failed to fulfil its obligations under that
directive;

2. Orders the Kingdom of Sweden to pay the costs.

(1) OJ C 228 of 11. 09. 2004