# C_2006281EN.01000502.xml

| 18.11.2006 | EN | Official Journal of the European Union | C 281/5 |
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18.11.2006

EN

Official Journal of the European Union

C 281/5

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Judgment of the Court (Grand Chamber) of 12 September 2006 (reference for a preliminary ruling from the Raad van State (Netherlands)) — M.G. Eman, O.B. Sevinger v College van burgemeester en wethouders van Den Haag

(Case C-300/04) (1)

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(European Parliament - Elections - Right to vote - Requirements of residence in the Netherlands for Netherlands citizens of Aruba - Citizenship of the Union)

(2006/C 281/09)

Language of the case: Dutch

Referring court

Raad van State (Netherlands)

Parties to the main proceedings

Applicants: M.G. Eman, O.B. Sevinger

Applicants:

Defendant: College van burgemeester en wethouders van Den Haag

Defendant:

Re:

Reference for a preliminary ruling — Netherlands Raad van State — Interpretation of Articles 17 EC and 19 EC, in conjunction with Articles 189 EC, 190 EC and 299 EC — Application of the provisions on citizenship of the Union to residents of the overseas countries and territories — Right of residents of the Netherlands Antilles and Aruba to vote in elections to the European Parliament subject to a requirement of ten years' residence in the Netherlands

Operative part of the judgment

| 1. | Persons who possess the nationality of a Member State and who reside or live in a territory which is one of the overseas countries and territories referred to in Article 299(3) EC may rely on the rights conferred on citizens of the Union in Part Two of the EC Treaty. |
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1.

Persons who possess the nationality of a Member State and who reside or live in a territory which is one of the overseas countries and territories referred to in Article 299(3) EC may rely on the rights conferred on citizens of the Union in Part Two of the EC Treaty.

| 2. | While, in the current state of Community law, there is nothing which precludes the Member States from defining, in compliance with Community law, the conditions of the right to vote and to stand as a candidate in elections to the European Parliament by reference to the criterion of residence in the territory in which the elections are held, the principle of equal treatment prevents, however, the criteria chosen from resulting in the different treatment of nationals who are in comparable situations, unless that difference in treatment is objectively justified. |
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2.

While, in the current state of Community law, there is nothing which precludes the Member States from defining, in compliance with Community law, the conditions of the right to vote and to stand as a candidate in elections to the European Parliament by reference to the criterion of residence in the territory in which the elections are held, the principle of equal treatment prevents, however, the criteria chosen from resulting in the different treatment of nationals who are in comparable situations, unless that difference in treatment is objectively justified.

| 3. | It is for the national law of each Member State to determine the rules allowing legal redress (rechtsherstel) for a person who, because of a national provision that is contrary to Community law, has not been entered on the electoral register for the election of the members of the European Parliament of 10 June 2004 and has therefore been excluded from participation in those elections. Those remedies, which may include compensation for the loss caused by the infringement of Community law for which the State may be held responsible, must comply with the principles of equivalence and effectiveness. |
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3.

It is for the national law of each Member State to determine the rules allowing legal redress (rechtsherstel) for a person who, because of a national provision that is contrary to Community law, has not been entered on the electoral register for the election of the members of the European Parliament of 10 June 2004 and has therefore been excluded from participation in those elections. Those remedies, which may include compensation for the loss caused by the infringement of Community law for which the State may be held responsible, must comply with the principles of equivalence and effectiveness.

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(1)  OJ C 228, 11.09.2004.

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