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Document 62010CA0562

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)

SL C 287, 22.9.2012, p. 5–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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.


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