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24.5.2008 |
EN |
Official Journal of the European Union |
C 128/10 |
Judgment of the Court (Seventh Chamber) of 10 April 2008 — Commission of the European Communities v Kingdom of the Netherlands
(Case C-398/06) (1)
(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)
(2008/C 128/15)
Language of the case: Dutch
Parties
Applicant: Commission of the European Communities (represented by: M. Condou-Durande and R. Troosters, acting as Agents)
Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and D.J.M. de Grave, Agents)
Intervener in support of the form of order sought by the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: E. O'Neill, Agent, and J. Stratford, Barrister)
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 which require that, in order to obtain a residence permit, non-active and pensioned persons must have adequate personal resources
Operative part of the judgment
The Court:
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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; |
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2. |
Orders the Kingdom of the Netherlands to pay the costs; |
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3. |
Orders the Kingdom of Great Britain and Northern Ireland to bear its own costs. |