# C_2008128EN.01001001.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 128/10 |
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24.5.2008

EN

Official Journal of the European Union

C 128/10

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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)

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(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)

Applicant:

Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and D.J.M. de Grave, Agents)

Defendant:

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)

Intervener in support of the form of order sought by the defendant:

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:

| 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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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; |
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2.

Orders the Kingdom of the Netherlands to pay the costs;

| 3. | Orders the Kingdom of Great Britain and Northern Ireland to bear its own costs. |
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3.

Orders the Kingdom of Great Britain and Northern Ireland to bear its own costs.

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(1)  OJ C 294, 2.12.2006.

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