Case C-152/05: Judgment of the Court (Second Chamber) of 17 January 2008 — Commission of the European Communities v Federal Republic of Germany (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)
Date: 2008-01-17
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, family benefit, free movement of workers, right of establishment, social security legislation

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)