Opinion of the Advocate General — ECLI:EU:C:1998:22
Date: 1998-01-22
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgment 
Freedom of movement for persons — Right of entry and residence for nationals of Member States 
— Obligation to hold a residence permit — Checks and penalties in the event of failure to com­
ply — Permissible — Conditions 
(EC Treaty, Arts. 48, 52 and 59; Council Directives 68/360, Art. 4, and 73/148, Art. 4) 
Community law does not prevent a Member 
State from carrying out checks on compli­
ance with the obligation to be able to pro­
duce a residence permit at all times, provided 
that it imposes the same obligation on its 
own nationals as regards their identity card. 
In the event of failure to comply with that 
obligation, the national authorities are 
entitled to impose penalties comparable to 
those attaching to minor offences committed 
by their own nationals, such as those 
laid down in respect of failure to carry an 
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SUMMARY — CASE C-24/97 
identity card, provided that they do not 
impose a penalty so disproportionate that it 
becomes an obstacle to the free movement of 
workers. 
It follows that a Member State which treats 
nationals of other Member States residing in 
its territory disproportionately differently, as 
regards the degree of fault and scale of fines, 
from its own nationals when they commit a 
comparable infringement of the obligation to 
carry a valid identity document, fails to fulfil 
its obligations under Articles 48, 52 and 59 
of the Treaty, Article 4 of Directive 68/360 
on the abolition of restrictions on movement 
and residence within the Community for 
workers of Member States and their families 
and Article 4 of Directive 73/148 on the abo­
lition of restrictions on movement and resi­
dence within the Community for nationals 
of Member States with regard to establish­
ment and the provision of services. 
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