Judgment of the Court (Second Chamber) of 29 April 2010 — European Commission v Kingdom of the Netherlands

(Case C-92/07) (1)

(EEC-Turkey Association Agreement - Standstill and non-discrimination rules - Obligation to pay charges in order to obtain or extend a residence permit - Proportionality of the charges to be paid - Comparison with charges paid by citizens of the Union - Article 9 of the Association Agreement - Article 41(1) of the Additional Protocol - Articles 10(1) and 13 of Decision No 1/80 of the Association Council)

(2010/C 161/02)

Language of the case: Dutch

Parties

Applicant: European Commission (represented by: P.J. Kuijper and S. Boelaert, Agents)

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

Intervener in support of the defendant: Federal Republic of Germany (represented by: M. Lumma and J. Möller, Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Article 9 of the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 and concluded on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 (OJ 1973 C 113), of Article 41 of the Additional Protocol, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 113), and of Articles 10(1) and 13 of Decision No 1/80 of 19 September 1980 on the development of the Association — Discriminatory administrative charges in respect of residence permits

Operative part of the judgment

The Court:

1. Declares that, by introducing and maintaining a system for the issue of residence permits providing for charges which are disproportionate in relation to those imposed on nationals of Member States for the issue of similar documents, and by applying that system to Turkish nationals who have a right of residence in the Netherlands on the basis of: — the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other hand, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963; — the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972; and of — Decision No 1/80, adopted on 19 September 1980 by the Association Council, set up by the Association Agreement and consisting, on the one hand, of members of the Governments of the Member States, of the Council of the European Union and of the Commission of the European Communities and, on the other hand, of members of the Turkish Government, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 9 of that Association Agreement, Article 41 of that Additional Protocol and Articles 10(1) and 13 of Decision No 1/80;

2. Orders the Kingdom of the Netherlands to pay the costs and the Federal Republic of Germany to bear its own costs.

(1) OJ C 95, 28.4.2007.