Opinion of the Advocate General — ECLI:EU:C:2006:223
Date: 2006-03-30
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Citizenship of the Union;Right of entry and residence
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Citizenship of the European Union – Right of free movement and residence in the territory of the Member States – Social advantages (Art. 18 EC) Article 18(1) EC must be interpreted as precluding legislation of a Member State under which it refuses to grant to one of its nationals a benefit for civilian war victims solely on the ground that, at the time at which the application was submitted, the person concerned was resident, not in the territory of that Member State, but in the territory of another Member State. The objective of limiting the obligation of solidarity with civilian war victims to those who had links with the population of the Member State concerned during and after the war, by means of a residence condition regarded as an expression of the extent to which those persons are connected to that society, may constitute an objective consideration of public interest capable of justifying a restriction on the freedoms conferred by Article 18(1) EC on every citizen of the Union. However, the setting of a residence criterion based solely on the date on which the application for the benefit is submitted is not a satisfactory indicator of the degree of attachment of the applicant to the society which is thereby demonstrating its solidarity with him, and therefore fails to comply with the principle of proportionality. (see paras 31, 34-35, 37-40, operative part)