Failure of a Member State to fulfil obligations Right of residence of nationals of Members States of the European Union and of the European Economic Area who are non active and pensioned persons National legislation and administrative practice requiring personal resources sufficient for a stay of at least a year in the host Member State
Sumário
Judgment of the Court (Seventh Chamber) of 10 April 2008.
Commission of the European Communities v Kingdom of the Netherlands.
Failure of a Member State to fulfil obligations - Right of residence of nationals of Members States of the European Union and of the European Economic Area who are non-active and pensioned persons - National legislation and administrative practice requiring personal resources sufficient for a stay of at least a year in the host Member State.
Case C-398/06.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 10 April 2008 – Commission v Netherlands
(Case C‑398/06)
Failure of a Member State to fulfil obligations – Right of residence of nationals of Members States of the European Union and of the European Economic Area who are non-active and pensioned persons – National legislation and administrative practice requiring personal resources sufficient for a stay of at least a year in the host Member State
1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 26)
2. Freedom of movement for persons – Right of entry and residence of nationals of Member States – Directives 68/360, 90/364 and 90/365 – Conditions for the issuing of a residence permit (Council Directives 68/360, Art. 9(1) and (3), 90/364 and 90/365) (see paras 29, 31, operative part)
Re:
| Failure of a Member State to fulfil obligations – Infringement of the Community rules on the residence of citizens of the Union – National legislation and administrative practice requiring that, in order to obtain a residence permit, non‑active and pensioned persons must have adequate personal resources. |
Operative part
The Court:
|
1. |
Declares that, by maintaining in force national provisions under which, in order to obtain a residence permit, nationals of the European Union and of the European Economic Area who are non-active and retired must prove that they have sustainable resources, the Kingdom of the Netherlands has failed to fulfil its obligations under Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Council Directive 90/364/EEC of 28 June 1990 on the right of residence and Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity; |
|
2. |
Orders the Kingdom of the Netherlands to pay the costs; |
|
3. |
Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. |