Judgment of the Court (Eighth Chamber) of 19 April 2012—Commission v Netherlands(Case C‑141/10
Tribunal de Justicia de la Unión Europea

Judgment of the Court (Eighth Chamber) of 19 April 2012—Commission v Netherlands(Case C‑141/10

Fecha: 19-Abr-2012





Judgment of the Court (Eighth Chamber) of 19 April 2012—
Commission v Netherlands

(Case C‑141/10)

Failure of a Member State to fulfil obligations— Articles 39 EC to 42 EC— Freedom of movement of persons— Regulation (EEC) No 1408/71— Social security of migrant workers— Refusal to pay certain benefits— Workers employed on drilling platforms in the Netherlands— Admissibility of the action

Procedure— Application initiating proceedings— Formal requirements— Identification of the subject-matter of the dispute— Brief summary of the pleas in law on which the application is based— Unambiguous wording of the form of order sought by the applicant (Rules of Procedure of the Court of Justice, Art. 38(1)(c)) (see paras 15-22)

Re:

Failure of a Member State to fulfil obligations— Infringement of Articles3(1) and 13(2)(a) of 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 (OJ 1971 L149, p.2) and of Articles 45 TFEU to 48 TFEU— Refusal to pay certain benefits to workers living in the Member States of the European Union who are employed on drilling platforms in the Kingdom of the Netherlands.

Operative part

The Court:

1.

Dismisses the action as inadmissible;

2.

Orders the European Commission to pay the costs;

3.

Orders the Portuguese Republic to bear its own costs.

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