CELEX: C2005/243/13
Language: en
Date: 2005-10-01 00:00:00
Title: Case C-299/05: Action brought on 26 July 2005 by the Commission of the European Communities against the European Parliament and the Council

1.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 243/9
            
         Action brought on 26 July 2005 by the Commission of the European Communities against the European Parliament and the Council
   (Case C-299/05)
   (2005/C 243/13)
   Language of the case: French
   An action against the European Parliament and the Council was brought before the Court of Justice of the European Communities on 26 July 2005 by the Commission of the European Communities, represented by Denis Martin and Marie-José Jonczy, acting as Agents, with an address for service in Luxembourg.
   The Commission of the European Communities claims that the Court should:
   
               1.
            
            
               annul the provisions of Annex I, point 2, of Regulation (EC) No 647/2005 of 13 April 2005 amending Council Regulations (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 laying down the procedure for implementing Regulation (EEC) No 1408/71 (1) relating to headings W. Finland (b), X. Sweden (c) and Y. United Kingdom (d), (e) and (f);
            
         
               2.
            
            
               order the defendants to pay the costs.
            
         Pleas in law and main arguments
   According to the Commission, by adopting Regulation No 647/05, the legislature accepted the criteria previously laid down by the Court of Justice for the coordination of special and non-contributory benefits. However, the legislature failed to draw all the consequences of those criteria when it included in the list of permitted benefits set out in Annex IIa of Regulation No 1408/71 those under the headings W. Finland (b), X. Sweden (c) and Y. United Kingdom (d), (e) and (f), which, in the Commission's view, do not satisfy the criteria of ‘special’ benefits within the meaning of Article 4(2a) of that regulation.
   
      (1)  OJ L 117, 04.05.2005, p. 1