Official Journal of the European Union

C 165/2

(Case C-141/10) (<span class="super">1</span>)

(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)

2012/C 165/03

Language of the case: Dutch

Parties

Applicant: European Commission (represented by: V. Kreuschitz and M. van Beek, acting as Agents)

Defendant: Kingdom of the Netherlands (represented by: C.M. Wissels, acting as Agent)

Intervener in support of the form of order sought by the applicant: Portuguese Republic (represented by: L Inez Fernandes and E. Silveira, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 3(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 L 149, 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 of the judgment

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.

(<span class="super">1</span>) OJ C 161, 19.6.2010.