Case C-299/05: Action brought on 26 July 2005 by the Commission of the European Communities against the European Parliament and the Council
Date: 2005-10-01
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, European Parliament, action for annulment (EU), social-security benefit

1.10.2005

EN

Official Journal of the European Union

C 243/9

1. Do actions for compensation which are brought by natural
persons against a Contracting State as being liable under
civil law for acts or omissions of its armed forces fall within
the scope ratione materiae of the Brussels Convention in
accordance with Article 1 thereof where those acts or omis-
sions occurred during a military occupation of the plaintiffs'
State of domicile following a war of aggression on the part
of the defendant, are manifestly contrary to the law of war
and may also be considered to be crimes against humanity?

2. Is it compatible with the system of the Brussels Convention
for the defendant State to put forward a plea of immunity,
with the result, should the answer be in the affirmative, that
the very application of the Convention is neutralised, in par-
ticular in respect of acts and omissions of the defendant's
armed forces which occurred before the Convention entered
into force, that is to say during the years 1941-44?

Pleas in law and main arguments

According to the Commission, by adopting Regulation No
647/05, the legislature accepted the criteria previously laid
down by the Court of Justice for the coordination of special
and non-contributory benefits. However, the legislature failed
to draw all the consequences of those criteria when it included
in the list of permitted benefits set out in Annex IIa of Regu-
lation No 1408/71 those under the headings W. Finland (b), X.
Sweden (c) and Y. United Kingdom (d), (e) and (f), which, in the
Commission's view, do not satisfy the criteria of ‘special’ bene-
fits within the meaning of Article 4(2a) of that regulation.

(1) OJ L 117, 04.05.2005, p. 1

Action brought on 26 July 2005 by the Commission of the
European Communities against the European Parliament
and the Council

Reference for a preliminary ruling from the Bundesfi-
nanzhof by order of that court of 17 May 2005 in Haupt-
zollamt Hamburg-Jonas v ZVK Zuchtvieh-Kontor GmbH

(Case C-299/05)

(2005/C 243/13)

(Language of the case: French)

(Case C-300/05)

(2005/C 243/14)

(Language of the case: German)

An action against the European Parliament and the Council
was brought before the Court of
the European
Communities on 26 July 2005 by the Commission of the Euro-
pean Communities, represented by Denis Martin and Marie-José
Jonczy, acting as Agents, with an address for service in Luxem-
bourg.

Justice of

The Commission of the European Communities claims that the
Court should:

1. annul the provisions of Annex I, point 2, of Regulation (EC)
No 647/2005 of 13 April 2005 amending Council Regula-
tions (EEC) No 1408/71 on the application of social security
schemes to employed persons, to self-employed persons and
to members of their families moving within the Community
and (EEC) No 574/72 laying down the procedure for imple-
menting Regulation (EEC) No 1408/71 (1) relating to head-
ings W. Finland (b), X. Sweden (c) and Y. United Kingdom
(d), (e) and (f);

2. order the defendants to pay the costs.

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Bundesfinanzhof of 17 May
2005, received at the Court Registry on 27 July 2005, for a
preliminary ruling in the proceedings between Hauptzollamt
Hamburg-Jonas and ZVK Zuchtvieh-Kontor GmbH on the
following question:

Is the loading and unloading time part of the ‘travel’ time
within the meaning of point 48(4)(d) of the Annex to Directive
91/628/EEC (1) on the protection of animals during transport
(as amended by Directive 95/29/EC (2))?

(1) OJ 1991 L 340, p. 17.
(2) OJ 1995 L 148, p. 52.