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C 326/12 EN Official Journal of the European Union 30.12.

2006

Judgment of the Court (Second Chamber) of 9 November he continued to work in the Member State in which the competent
2006 (reference for a preliminary ruling from the Tribunal institution is situated.
des affaires de sécurité sociale de Longwy — France) —
Fabien Nemec v Caisse régionale d'assurance maladie du
Nord-Est (1) OJ C 182, 23.07.2005.

(Case C-205/05) (1)

(Social security for migrant workers — Article 42 EC —


Regulation (EEC) No 1408/71 — Article 58 — Allowance for
workers exposed to asbestos — Calculation of cash benefits
— Refusal to take account of pay earned in another Member
State) Judgment of the Court (Fourth Chamber) of 26 October
2006 — Commission of the European Communities v
(2006/C 326/24) Kingdom of Sweden

Language of the case: French (Case C-206/05) (1)

(Failure of a Member State to fulfil obligations — Directive


90/427/EEC — Intra-Community trade in equidae — Require-
ment for a breeding stallion to be subject to an assessment of
Referring court its genetic value in Sweden)

Tribunal des affaires de sécurité sociale de Longwy (2006/C 326/25)

Language of the case: Swedish


Parties to the main proceedings

Applicant: Fabien Nemec Parties

Applicant: Commission of the European Communities (repre-


Defendant: Caisse régionale d'assurance maladie du Nord-Est sented by: F. Erlbacher and K. Simonsson, Agents)

Defendant: Kingdom of Sweden (represented by: K. Norman,


Re: Agent)

Reference for a preliminary ruling — Tribunal des affaires de


sécurité sociale de Longwy — Interpretation of Article 39 EC, Re:
Regulation (EC) No 883/2004 of the European Parliament and
of the Council of 29 April 2004 on the coordination of social Failure to fulfil obligations — Infringement of Article 28 EC
security systems (Text with relevance for the EEA and for Swit- and Article 3 of Council Directive 90/427/EEC of 26 June 1990
zerland) (OJ 2004 L 166, p. 1) and Article 15 of Regulation on the zootechnical and genealogical conditions governing
(EEC) No 574/72 of the Council of 21 March 1972 fixing the intra-Community trade in equidae (OJ 1990 L 224, p. 55) —
procedure for implementing Regulation (EEC) No 1408/71 on Requirement for breeding stallions to be assessed as to their
the application of social security schemes to employed persons genetic value in Sweden
and their families moving within the Community (OJ English
Special Edition 1972 (I), p. 159) — Failure to take pay earned in
another Member State into account when calculating the Operative part of the judgment
amount of the allowance for asbestos workers in the case where
that pay has not been subject to national social security contri- The Court:
butions
1) Declares that, by having laid down in its national legislation a
requirement that stallions are to be subject to an assessment of
their genetic value in Sweden in order to be used for off-farm
Operative part of the judgment mating, the Kingdom of Sweden has failed to fulfil its obligations
under Article 3 of Council Directive 90/427/EEC of 26 June
Article 58(1) of Regulation (EEC) No 1408/71 of the Council of 14 1990 on the zootechnical and genealogical conditions governing
June 1971 on the application of social security schemes to employed intra-Community trade in equidae;
persons, to self-employed persons and to members of their families
moving within the Community, as amended and updated by Council 2) Orders the Kingdom of Sweden to pay the costs.
Regulation (EC) No 118/97 of 2 December 1996, interpreted in
accordance with the objective set out in Article 42 EC, requires that, in
a situation such as that in the main proceedings, calculation of the (1) OJ C 229, 17. 9. 2005.
‘average wage or salary’, within the meaning of the first of those two
provisions, takes into account the pay that the person concerned could
reasonably have earned, given his subsequent employment record, had