Judgment of the Court (Eighth Chamber) of 19 April 2012.#European Commission v Kingdom of the Netherlands.#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.#Case C‑141/10.

Subject of the case

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

Operative part

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.