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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)
ECLI:EU:UNKNOWN:62010CA0562
62010CA0562
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22.9.2012
Official Journal of the European Union
C 287/5
(Case C-562/10) (<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 63, 26.2.2011.