CELEX: 62010CA0562
Language: en
Date: 2012-07-12 00:00:00
Title: Case C-562/10: Judgment of the Court (Second Chamber) of 12 July 2012 — European Commission v Federal Republic of Germany (Action for failure to fulfil obligations — Article 56 TFEU — German legislation regarding care insurance — Benefits in kind for assistance at home are unavailable where the person reliant on care is temporarily staying in another Member State — Lower level of exportable cash benefits — Failure to reimburse hire costs of care equipment in other Member States)

22.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 287/5
            
         Judgment of the Court (Second Chamber) of 12 July 2012 — European Commission v Federal Republic of Germany
   (Case C-562/10) (1)
   
   (Action for failure to fulfil obligations - Article 56 TFEU - German legislation regarding care insurance - Benefits in kind for assistance at home are unavailable where the person reliant on care is temporarily staying in another Member State - Lower level of exportable cash benefits - Failure to reimburse hire costs of care equipment in other Member States)
   2012/C 287/08
   Language of the case: German
   
      Parties
   
   
      Applicant: European Commission (represented by: F.W. Bulst and I. Rogalski, acting as Agents)
   
      Defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 56 TFEU — National legislation regarding care insurance limiting entitlement to a care allowance to six weeks where an insured person stays temporarily in another Member State, excluding reimbursement of hire costs of care equipment and providing that care-related benefits in kind supplied in the Member State of stay are not reimbursed at the same rate as those supplied in Germany
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission to pay the costs.
            
         
      (1)  OJ C 63, 26.2.2011.