Opinion of the Advocate General — ECLI:EU:C:1999:43
Date: 1999-01-28
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Anti-discrimination;Non-discrimination on grounds of nationality
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Summary of the Judgment 
Community law — Principles — Equal treatment — Discrimination on grounds of 
nationality — Rules making the grant of legal personality to an association conditional 
upon the nationality of the members — Not permissible — Failure to fulfil obligations 
(EC Treaty, Art. 6 (now, after amendment, Art. 12 EC)) 
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SUMMARY — CASE C-172/98 
A Member State which, in order for the 
legal personality of an association to be 
recognised, requires that one of the mem­
bers of the administration of the associa­
tion possess the nationality of that State — 
or that a minimum, and majority, presence 
of members hold that nationality — fails to 
fulfil its obligations under Article 6 of the 
EC Treaty (now, after amendment, Arti­
cle 12 EC). 
Such rules regulating the right to form 
associations with legal personality, which 
apply to nationals of the other Member 
States, affect one of the fundamental free­
doms guaranteed by the Treaty and accord­
ingly infringe Article 6 thereof by imposing 
a discriminatory nationality requirement. 
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