Case C-50/05: Judgment of the Court (Third Chamber) of 18 July 2006 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Maija T.I. Nikula (Social security — Sickness and maternity benefits — Calculation of contributions — Regulation No 1408/71 — Right of a Member State to include, in the basis for calculating contributions, the pensions or annuities paid by an institution of another Member State — Pensioner entitled to pensions and annuities payable under the legislation of two Member States)
Date: 2006-09-16
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

C 224/10

EN

Official Journal of the European Union

16.9.2006

Judgment of the Court (Third Chamber) of 18 July 2006
(reference for a preliminary ruling from the Korkein
hallinto-oikeus — Finland) — Maija T.I. Nikula

(Case C-50/05) (1)

(Social security — Sickness and maternity benefits — Calcu-
lation of contributions — Regulation No 1408/71 — Right
of a Member State to include, in the basis for calculating
contributions, the pensions or annuities paid by an institu-
tion of another Member State — Pensioner entitled to
pensions and annuities payable under the legislation of two
Member States)

(2006/C 224/17)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: Maija T.I. Nikula

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus
— Interpretation of Article 33(1) of Regulation (EEC) No
1408/71 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, as amended and updated by Council Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) —
Contributions for sickness and maternity benefits payable by a
recipient of pensions received under the legislation of two
Member States who resides in one of those Member States and
is entitled to benefits solely from the institution of
that
Member State — Whether pensions or annuities received from
the other Member State are to be taken into account when
calculating contributions

Operative part of the judgment

security schemes

1) Article 33(1) of Council Regulation (EEC) No 1408/71 of 14
June 1971 on the application of social
to
employed persons, to self-employed persons and to members of
their families moving within the Community, as amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996, does not preclude, when the basis is determined for calcu-
lating sickness insurance contributions applied in the Member
State of residence of the recipient of pensions paid by the institu-
tions of that Member State responsible for the payment of benefits
under Article 27 of that regulation, the inclusion in that basis of
calculation, in addition to the pensions paid in the Member State
of residence, also of pensions paid by the institutions of another
Member State, provided that the sickness insurance contributions
do not exceed the amount of pensions paid in the State of resi-
dence.

2) However, Article 39 EC precludes the amount of pensions received
from institutions of another Member State from being taken into
account if contributions have already been paid in that other State
out of the income from work received in that State. It is for the
persons concerned to prove that the earlier contributions were in
fact paid.

(1) OJ C 93, 16.4.2005.

Judgment of the Court (Third Chamber) of 13 July 2006 —
Commission of the European Communities v Portuguese
Republic

(Case C-61/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/100/EEC — Copyright — Exclusive right to authorise or
prohibit rental and lending — Incorrect transposition)

(2006/C 224/18)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and W. Wils, Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes
and N. Gonçalves, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 2 and 4 of Council Directive 92/100/EEC of 19
November 1992 on rental right and lending right and on
certain rights related to copyright in the field of intellectual
property (OJ 1992 L 346, p. 61)

Operative part of the judgment

The Court hereby:

1. Declares that:

— by creating in national law a rental right also in favour of
producers of videograms, the Portuguese Republic has failed to
fulfil its obligations under Article 2(1) of Council Directive
92/100/EEC of 19 November 1992 on rental right and
lending right and on certain rights related to copyright in the
intellectual property, as last amended by Directive
field of
2001/29/EC of the European Parliament and of the Council
of 22 May 2001 on the harmonisation of certain aspects of
copyright and related rights in the information society;