Case C-299/05: Judgment of the Court (Second Chamber) of 18 October 2007 — Commission of the European Communities v European Parliament, Council of the European Union (Action for annulment — Social security — Regulation (EEC) No 1408/71 — Articles 4(2a) and 10a — Annex IIa — Regulation (EC) No 647/2005 — Special non-contributory benefits)
Date: 2007-10-18
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, European Parliament, action for annulment (EU), social-security benefit

C 64/4

EN

Official Journal of the European Union

8.3.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 17 January
the European Communities v
2008 — Commission of

taxation on income, the Federal Republic of Germany has failed to
fulfil its obligations under Articles 18 EC, 39 EC and 43 EC;

Federal Republic of Germany

(Case C-152/05) (1)

2) Orders the Federal Republic of Germany to pay the costs.

(Failure of a Member State to fulfil obligations — Articles 18
EC, 39 EC and 43 EC — National legislation — Conditions
for the grant of a subsidy for the construction or purchase of
a dwelling for personal occupation — Dwelling required to be
situated in the territory of the Member State concerned)

(1) OJ C 132, 28.5.2005.

(2008/C 64/03)

Language of the case: German

Judgment of the Court (Second Chamber) of 18 October
the European Communities v
2007 — Commission of

European Parliament, Council of the European Union

Parties

(Case C-299/05) (1)

Applicant: Commission of the European Communities (repre-
sented by: R. Lyal and K. Gross, Agents)

Defendant:
M. Lumma and C. Schulze Bahr, Agents)

Federal Republic of Germany (represented by:

(Action for annulment — Social security — Regulation (EEC)
No 1408/71 — Articles 4(2a) and 10a — Annex IIa —
Regulation (EC) No 647/2005 — Special non-contributory
benefits)

Re:

Failure of a Member State to fulfil obligations — Infringement
legislation under
of Articles 18, 39 and 43 EC — National
which a housing allowance (Eigenheimzulage) for the construc-
tion or purchase of a person's dwelling is granted only to
persons subject to unlimited taxation in that Member State and
only for dwellings situated in that State.

Operative part of the judgment

The Court:

1) Declares that, by excluding in the first sentence of Paragraph 2(1)
of the Law on subsidies for owner-occupied dwellings (Eigenheim-
zulagengesetz), in the version published in 1997, as amended by
the ancillary budget law of 2004 (Haushaltsbegleitgesetz 2004),
dwellings in another Member State from eligibility for the subsidy
for owner-occupied dwellings granted to persons liable to unlimited

(2008/C 64/04)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M.-J. Jonczy, D. Martin and V. Kreuschitz, Agents)

Defendants: European Parliament (represented by: G. Ricci and A.
Troupiotis, Agents), Council of the European Union (represented
by M. Veiga, J. Leppo and G. Curmi, Agents)

Interveners in support of the defendant: Republic of Finland (repre-
J. Heliskoski and E. Bygglin, Agents),
sented by: T. Pynnä,
Kingdom of Sweden (represented by: A. Kruse and R. Sobocki,
Agents), United Kingdom of Great Britain and Northern Ireland
(represented by: E. O'Neill and C. Vajda, Agents)

8.3.2008

EN

Official Journal of the European Union

C 64/5

Re:

Annulment of the provisions of point 2 of Annex I to Regu-
lation (EC) No 647/2005 of 13 April 2005 amending Council
Regulation (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 Council Regulation (EEC) No 574/72 laying down the
procedure for
implementing Regulation (EEC) No 1408/71
relating to the headings W. Finland (b), X. Sweden (c) and
Y. United Kingdom (d), (e) and (f) (OJ 2005 L 117, p. 1) —
Special non-contributory cash benefits

Operative part of the judgment

The Court:

2005

amending

1. Annuls the provisions of point 2 of Annex I to Regulation (EC)
No 647/2005 of the European Parliament and of the Council of
13 April
(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
implementing Regulation (EEC)
laying down the procedure for
No 1408/71 under the headings ‘FINLAND’, (b),
‘SWEDEN’,
(c), and ‘UNITED KINGDOM’, (d) to (f);

Council Regulations

2. Maintains the effects of

the inclusion of

the heading ‘UNITED KINGDOM’,

the Disability Living
Allowance under
(d), of
Annex IIa to Council Regulation (EEC) No 1408/71 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,
in the version amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996, as amended by Regulation No 647/2005, as regards solely
the ‘mobility’ part of that allowance so that, within a reasonable
period, appropriate measures can be taken to include it in that
annex;

3. Orders the European Parliament and the Council of the European
Union to bear their own costs and to pay, in equal shares, those of
the Commission of the European Communities;

4. Orders the Republic of Finland, the Kingdom of Sweden and the
United Kingdom of Great Britain and Northern Ireland to bear
their own costs.

(1) OJ C 243, 1.10.2005.

of

the

Court

Judgment
of
22 November 2007 — Cofradía de pescadores ‘San Pedro’
de Bermeo and Others v Council of the European Union,
Commission of the European Communities and the French
Republic

Chamber)

(Second

(Case C-6/06 P) (1)

(Appeal — Non-contractual
liability of the Community —
Principles of relative stability, legal certainty and legitimate
expectations — Admissibility — Appeal in part unfounded
and in part inadmissible — Cross appeal — Application to
set aside part of the judgment of the Court of First Instance
inasmuch as it holds that it is not necessary to rule on a plea
inadmissibility brought against an action which it
of
interest in bringing
dismissed as unfounded — No legal

proceedings — Res judicata)

(2008/C 64/05)

Language of the case: Spanish

Parties

Appellants: Cofradía de pescadores ‘San Pedro’ de Bermeo and
Others (represented by: M. Troncoso Ferrer, abogado)

Other parties to the proceedings: Council of the European Union,
(represented by: F. Florindo Gijón and M. Balta, Agents),
Commission of
(represented by:
the European Communities,
F. Jimeno Fernández) and the French Republic

Re:

Appeal brought against the judgment of
the Court of First
Instance (Third Chamber) of 19 October 2005 in Case
T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v
Council in which the Court dismissed the action for damages to
compensate for the loss allegedly suffered by the applicants
following the Council's authorisation of
the transfer to the
French Republic of part of the quota for anchovy allocated to
the Portuguese Republic

Operative part of the judgment

The Court:

1. Dismisses the principal appeal, brought by Cofradía de pescadores
‘San Pedro’ de Bermeo and the other applicants, whose names are
set out in the Annex to the judgment of the Court of First Instance
of
the European Communities of 19 October 2005 in Case
T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and
Others v Council;

2. Dismisses the cross appeal brought by the Council of the European

Union;