# C_2005115EN.01000302.xml

| 14.5.2005 | EN | Official Journal of the European Union | C 115/3 |
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14.5.2005

EN

Official Journal of the European Union

C 115/3

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 17 February 2005

in Case C-215/03 (reference for a preliminary ruling from the Rechtbank te 's-Gravenhage): Salah Oulane v Minister voor Vreemdelingenzaken en Integratie (1)

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(Free movement of persons - Right of entry and residence for nationals of Member States - Requirement to present an identity card or a passport - Pre-condition for recognition of right of residence - Penalty - Detention order for the purpose of deportation)

(2005/C 115/06)

Language of the case: Dutch

In Case C-215/03: reference for a preliminary ruling under Article 234 EC from the Rechtbank te 's-Gravenhage (Netherlands), made by decision of 12 May 2003, received at the Court on 19 May 2003, in the proceedings pending before that court between Salah Oulane and Minister voor Vreemdelingenzaken en Integratie — the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues (Rapporteur), M. Ilešič and E. Levits, Judges; P. Leger, Advocate General, M. F. Contet, Principal Administrator, for the Registrar, gave a judgment on 17 February 2005, the operative part of which is as follows:

| 1. | The third paragraph of Article 4(2) of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services is to be interpreted as meaning that the recognition by a Member State of the right of residence of a recipient of services who is a national of another Member State may not be made subject to his production of a valid identity card or passport, where his identity and nationality can be proven unequivocally by other means. |
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1.

The third paragraph of Article 4(2) of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services is to be interpreted as meaning that the recognition by a Member State of the right of residence of a recipient of services who is a national of another Member State may not be made subject to his production of a valid identity card or passport, where his identity and nationality can be proven unequivocally by other means.

| 2. | It is contrary to Article 49 EC for nationals of a Member State to be required in another Member State to present a valid identity card or passport in order to prove their nationality, when the latter State does not impose a general obligation on its own nationals to provide evidence of identity, and permits them to prove their identity by any means allowed by national law. |
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2.

It is contrary to Article 49 EC for nationals of a Member State to be required in another Member State to present a valid identity card or passport in order to prove their nationality, when the latter State does not impose a general obligation on its own nationals to provide evidence of identity, and permits them to prove their identity by any means allowed by national law.

| 3. | A detention order with a view to deportation in respect of a national of another Member State, imposed on the basis of failure to present a valid identity card or passport even when there is no threat to public policy, constitutes an unjustified restriction on the freedom to provide services and is therefore contrary to Article 49 EC. |
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3.

A detention order with a view to deportation in respect of a national of another Member State, imposed on the basis of failure to present a valid identity card or passport even when there is no threat to public policy, constitutes an unjustified restriction on the freedom to provide services and is therefore contrary to Article 49 EC.

| 4. | It is for nationals of a Member State residing in another Member State in their capacity as recipients of services to provide evidence establishing that their residence is lawful. If no such evidence is provided, the host Member State may undertake deportation, subject to the limits imposed by Community law. |
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4.

It is for nationals of a Member State residing in another Member State in their capacity as recipients of services to provide evidence establishing that their residence is lawful. If no such evidence is provided, the host Member State may undertake deportation, subject to the limits imposed by Community law.

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(1)  OJ C 171 of 19.07.2003.

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