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Document C2005/093/41

Case C-105/05: Action brought on 3 March 2005 by the Commission of the European Communities against the Republic of Finland

OJ C 93, 16.4.2005, p. 22–22 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

Date of document:
16/04/2005; Date of publication
Author:
Court of Justice
Form:
Judicial information

16.4.2005   

EN

Official Journal of the European Union

C 93/22

Action brought on 3 March 2005 by the Commission of the European Communities against the Republic of Finland

(Case C-105/05)

(2005/C 93/41)

Language of the case: Finnish

An action against the Republic of Finland was brought before the Court of Justice of the European Communities on 3 March 2005 by the Commission of the European Communities, represented by D. Martin and I. Koskinen, acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1.

declare that the Republic of Finland, in calculating social security contributions, has failed to fulfil its obligations under Article 33(1) of Council Regulation (EEC) No 1408/71 of 14 June 1971 (1) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;

2.

order the Republic of Finland to pay the costs.

Pleas in law and main arguments

Finland takes account in accordance with national legislation, the Law on Sickness Insurance (364/1963), when determining the social security contributions of a pensioner living in Finland, in addition to the pension income paid by Finland also that paid by other Member States. The Commission submits that the taking into account of pension income paid by another Member State when determining the basis of payment of social security contributions is contrary to Article 33(1) of Council Regulation (EEC) No 1408/71 and the case-law of the Court of Justice (Case C-389/99 Rundgren).

(1)  OJ, English Special Edition 1971 (II), p. 416.

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