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.