19.6.2010

EN

Official Journal of the European Union

C 161/19

(Case C-141/10)

(2010/C 161/28)

Language of the case: Dutch

Parties

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

Defendant: Kingdom of the Netherlands

Form of order sought

—Declare that, by failing to adopt all the measures necessary to set aside the provision under which certain social security benefits are not paid to nationals of other Member States of the European Union who are employed on drilling platforms in the Netherlands, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 13(2)(a) and 3(1) of Regulation (EEC) No 1408/71 (1) and Articles 45 TFEU to 48 TFEU;

—Order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

1.The European Parliament has recently repeatedly requested information from the Commission about Portuguese nationals who work on drilling platforms on the Netherlands’ continental shelf and live in Portugal but do not enjoy the same conditions of employment or social security as employed persons living in the Netherlands.

2.Consequently, in accordance with Article 226 EC (now Article 258 TFEU), the Commission sent the Netherlands a letter of formal notice and a reasoned opinion in which it stated that, in its view, Netherlands social security legislation should also apply to nationals of other Member States of the European Union who work on drilling platforms in the Netherlands. The refusal of the Netherlands authorities to award social security benefits to such persons is incompatible with Title II of Regulation (EEC) No 1408/71, in particular with Articles 13(2)(a) and 3(1) thereof, and with Articles 39 EC to 42 EC (now Articles 45 TFEU to 48 TFEU).

3.The Netherlands has, to date, failed to adopt all the measures necessary to set aside the provision of national legislation under which certain social security benefits are not paid to nationals of other Member States of the European Union who are employed on drilling platforms in the Netherlands.

4.On those grounds, the Commission has to conclude that, by refusing to pay certain social security benefits to nationals of other Member States of the European Union who are employed on drilling platforms in the Netherlands, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 13(2)(a) and 3(1) of Regulation (EEC) No 1408/71 and Articles 45 TFEU to 48 TFEU.

(1) 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).