Judgment — ECLI:EU:C:2008:214
Date: 2008-04-10
Language of the case: Dutch
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Concepts: General;Detailed rules governing the exercise of the right of entry and of residence
Procedure: Action for failure to fulfil obligations - successful
Origin: Netherlands

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 (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) Language of the case: Dutch Parties Applicant: Commission of the European Communities (represented by: M. Condou-Durande and R. Troosters, acting as Agents) Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and D.J.M. de Grave, Agents) 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) 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; 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. ____________ 1 - OJ C 294, 2.12.2006.