Case C-205/05: Judgment of the Court (Second Chamber) of 9 November 2006 (reference for a preliminary ruling from the Tribunal des affaires de sécurité sociale de Longwy — France) — Fabien Nemec v Caisse régionale d'assurance maladie du Nord-Est (Social security for migrant workers — Article 42 EC — Regulation (EEC) No 1408/71 — Article 58 — Allowance for workers exposed to asbestos — Calculation of cash benefits — Refusal to take account of pay earned in another Member State)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: asbestos, free movement of workers, interpretation of the law, social security, social-security benefit, worker (EU)

C 326/12

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court (Second Chamber) of 9 November
2006 (reference for a preliminary ruling from the Tribunal
des affaires de sécurité sociale de Longwy — France) —
Fabien Nemec v Caisse régionale d'assurance maladie du
Nord-Est

(Case C-205/05) (1)

(Social security for migrant workers — Article 42 EC —
Regulation (EEC) No 1408/71 — Article 58 — Allowance for
workers exposed to asbestos — Calculation of cash benefits
— Refusal to take account of pay earned in another Member
State)

(2006/C 326/24)

Language of the case: French

Referring court

Tribunal des affaires de sécurité sociale de Longwy

Parties to the main proceedings

Applicant: Fabien Nemec

Defendant: Caisse régionale d'assurance maladie du Nord-Est

Re:

Reference for a preliminary ruling — Tribunal des affaires de
sécurité sociale de Longwy — Interpretation of Article 39 EC,
Regulation (EC) No 883/2004 of the European Parliament and
of the Council of 29 April 2004 on the coordination of social
security systems (Text with relevance for the EEA and for Swit-
zerland) (OJ 2004 L 166, p. 1) and Article 15 of Regulation
(EEC) No 574/72 of the Council of 21 March 1972 fixing the
procedure for implementing Regulation (EEC) No 1408/71 on
the application of social security schemes to employed persons
and their families moving within the Community (OJ English
Special Edition 1972 (I), p. 159) — Failure to take pay earned in
another Member State into account when calculating the
amount of the allowance for asbestos workers in the case where
that pay has not been subject to national social security contri-
butions

Operative part of the judgment

Article 58(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,
interpreted in
accordance with the objective set out in Article 42 EC, requires that, in
a situation such as that in the main proceedings, calculation of the
‘average wage or salary’, within the meaning of the first of those two
provisions, takes into account the pay that the person concerned could
reasonably have earned, given his subsequent employment record, had

he continued to work in the Member State in which the competent
institution is situated.

(1) OJ C 182, 23.07.2005.

Judgment of the Court (Fourth Chamber) of 26 October
the European Communities v
2006 — Commission of

Kingdom of Sweden

(Case C-206/05) (1)

(Failure of a Member State to fulfil obligations — Directive
90/427/EEC — Intra-Community trade in equidae — Require-
ment for a breeding stallion to be subject to an assessment of
its genetic value in Sweden)

(2006/C 326/25)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: F. Erlbacher and K. Simonsson, Agents)

Defendant: Kingdom of Sweden (represented by: K. Norman,
Agent)

Re:

Failure to fulfil obligations — Infringement of Article 28 EC
and Article 3 of Council Directive 90/427/EEC of 26 June 1990
on the zootechnical and genealogical conditions governing
intra-Community trade in equidae (OJ 1990 L 224, p. 55) —
Requirement for breeding stallions to be assessed as to their
genetic value in Sweden

Operative part of the judgment

The Court:

1) Declares that, by having laid down in its national

legislation a
requirement that stallions are to be subject to an assessment of
their genetic value in Sweden in order to be used for off-farm
mating, the Kingdom of Sweden has failed to fulfil its obligations
under Article 3 of Council Directive 90/427/EEC of 26 June
1990 on the zootechnical and genealogical conditions governing
intra-Community trade in equidae;

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

(1) OJ C 229, 17. 9. 2005.