Case C-265/05: Judgment of the Court (Grand Chamber) of 16 January 2007 (reference for a preliminary ruling from the Cour de cassation, France) — José Perez Naranjo v Caisse régionale d'assurance maladie (CRAM) Nord-Picardie (Regulation (EEC) No 1408/71 — Articles 4(2a), 10a and 95b — Supplementary old-age allowance — National law making the grant of that allowance conditional on residence — Special non-contributory benefit — Listed in Annex IIa to Regulation No 1408/71)
Date: 2007-02-24
Institutions: Court of Justice
Subjects: interpretation of the law, social security legislation, social-security benefit, social-security harmonisation, worker (EU)

24.2.2007

EN

Official Journal of the European Union

C 42/5

Operative part of the judgment

The Court:

1. Declares that

— by failing to take all the requisite specific measures for the effec-
tive implementation of the system of strict protection laid down
in Article 12(1) of Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of wild
fauna and flora, and

— by retaining the provisions of section 23(7)(a) to (c) of the
1976 Wildlife Act, as amended by the 2000 Wildlife
(Amendment) Act, which are incompatible with those in Arti-
cles 12(1) and 16 of Directive 92/43,

Ireland has failed to comply with those articles of Directive 92/43
and to fulfil its obligations under that directive;

2. Orders Ireland to pay the costs.

(1) OJ C 182, 23.7.2005.

Judgment of the Court (Third Chamber) of 11 January
2007 (reference for a preliminary ruling from the Sozial-
gericht Berlin — Germany) — ITC Innovative Technology
Center GmbH v Bundesagentur für Arbeit

(Case C-208/05) (1)

(Freedom of movement for workers — Freedom to provide
services — National legislation — Payment by the Member
State of the fee due to a private-sector recruitment agency in
respect of recruitment — Employment subject to compulsory
social security contributions in that Member State — Restric-
tion — Justification — Proportionality)

(2007/C 42/08)

Language of the case: German

Referring court

Sozialgericht Berlin

Parties to the main proceedings

Applicant: ITC Innovative Technology Center GmbH

Defendant: Bundesagentur für Arbeit

Re:

Reference for a preliminary ruling — Sozialgericht Berlin —
Interpretation of Articles 18 EC, 39 EC, 49 EC, 50 EC and
87 EC and of Articles 3 and 7 of Regulation (EEC) No 1612/68
of the Council of 15 October 1968 on freedom of movement

for workers within the Community (OJ, English Special Edition
1968(II), p. 475) — National legislation introducing subsidies
for private-sector recruitment companies in the event of the
conclusion by a job-seeker of a contract of employment
resulting in affiliation to the social-security system — Excluded
in the case of a contract of employment concluded with an
employer established in the territory of another Member State

Operative part of the judgment

1. Articles 39 EC, 49 EC and 50 EC prohibit national legislation,
such as the second sentence of Paragraph 421(g)(1) of Book III of
the German Social Security Code, which provides that payment by
a Member State to a private-sector recruitment agency of the fee
due to that agency by a person seeking employment in respect of
that person's recruitment is subject to the condition that the job
found by that agency be subject to compulsory social security contri-
butions in that State.

2. It is for the national court to the full extent of its discretion under
national
law, to interpret and apply domestic law in accordance
with the requirements of Community law and, to the extent that
such an interpretation is not possible in relation to the EC Treaty
provisions conferring rights on individuals which are enforceable by
them and which the national courts must protect, to disapply any
provision of domestic law which is contrary to those provisions

(1) OJ C 171, 9.7.2005.

Judgment of the Court (Grand Chamber) of 16 January
2007 (reference for a preliminary ruling from the Cour de
cassation, France) — José Perez Naranjo v Caisse régionale
d'assurance maladie (CRAM) Nord-Picardie

(Case C-265/05) (1)

(Regulation (EEC) No 1408/71 — Articles 4(2a), 10a and
95b — Supplementary old-age allowance — National
law
making the grant of that allowance conditional on residence
— Special non-contributory benefit — Listed in Annex IIa to
Regulation No 1408/71)

(2007/C 42/09)

Language of the case: French

Referring court

Cour de cassation — Civil Chamber

Parties to the main proceedings

Applicant: José Perez Naranjo

Defendant: Caisse régionale d'assurance maladie (CRAM) Nord-
Picardie

C 42/6

EN

Official Journal of the European Union

24.2.2007

Re:

Defendant: Hellenic Republic (represented by: E. Skandalou,
Agent)

Reference for a preliminary ruling — Cour de cassation — Civil
chamber — Paris — Interpretation of Articles 4(2a), 10a, 19(1)
and 95b of Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed
persons and their families moving within the Community (OJ
English Special Edition 1971 (II), p. 416), as amended —
National legislation making the grant of supplementary allow-
ance from the National Solidarity Fund subject to a residence
condition — Concept of a special non-contributory benefit —
Listing of
the allowance in Annex IIa to Regulation (EEC)
No 1408/71

Operative part of the judgment

A benefit such as the supplementary allowance mentioned, under the
heading ‘France’ in Annex IIa to Regulation (EEC) No 1408/71 of
14 June 1971 on the application of social security schemes
to
employed persons and their families moving within the Community, in
the
version amended and updated by Council Regulation (EC)
No 118/97 of 2 December 1996, constitutes a special benefit. Exam-
ination of the method of financing the supplementary allowance, on
the basis of the information in the file submitted to the Court, shows
that there is no sufficiently identifiable link between the general social
contribution and the benefit concerned, which leads to the conclusion
that the supplementary allowance in non-contributory. However, it is
for the national court to confirm the accuracy of the factors set out in
paragraphs 48 to 52 of this judgment in order to determine conclu-
sively whether that benefit is contributory or non-contributory.

(1) OJ C 217, 3.9.2005.

Judgment of the Court (Seventh Chamber) of 11 January
the European Communities v
2007 — Commission of

Hellenic Republic

(Case C-269/05) (1)

(Failure of a Member State to fulfil obligations — Article 1 of
Regulation (EEC) No 4055/86 — Maritime transport —
Harbour dues levied on passenger vessels or cargo vessels —
Harbour dues levied on vehicles aboard ferries — Discrimina-
tion)

(2007/C 42/10)

Language of the case: Greek

Re:

Failure of a Member State to fulfil obligations — Breach of
Article 1 of Council Regulation (EEC) No 4055/86 of
22 December 1986 applying the principle of
freedom to
provide services to maritime transport between Member States
and between Member States and third countries (OJ 1986 L
378, p. 1) — Harbour dues levied on passenger vessels or cargo
vessels — Lower level of dues when transport is between two
ports within national territory — Harbour dues levied on vehi-
cles aboard ferries — Dues not levied on vehicles travelling
between ports in national territory

Operative part of the judgment

The Court:

1) Declares that, by maintaining in force:

— the harbour dues levied on passenger vessels (including cruise
ships) or on cargo vessels when they enter into harbour, berth
and anchor in the ports of Piraeus and Thessaloniki, applying
a lower level of dues when transport is between two ports
within Greece as compared with cases where transport is to a
destination outside Greece,

— harbour dues for the benefit of the harbour funds of the Port
Authorities AE, set up by Law No 2932/2001, and of the
ports of Piraeus and Thessaloniki, which are levied on vehicles
aboard ferries on international routes, while similar dues are
not levied on routes between Greek ports,

— the right to levy dues on vehicles aboard vehicle ferries with a
foreign port destination for the benefit of municipalities and
communities,

the Hellenic Republic has failed to fulfil
its obligations under
Article 1 of Council Regulation (EEC) No 4055/86 of
22 December 1986 applying the principle of freedom to provide
services to maritime transport between Member States and between
Member States and third countries;

2. Orders the Hellenic Republic to pay the costs.

Parties

(1) OJ C 229, 17.9.2005.

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