WRITTEN QUESTION No. 1228/97 by Evelyne GEBHARDT to the Commission. Discrimination against Union citizens in the Federal Republic of Germany
Date: 1997-04-07
Institutions: European Parliament, GEBHARDT
Subjects: EU law - national law, EU national, Germany, administrative formalities, equal treatment, foreign national, housing, residence permit













EUR-Lex - 91997E1228 - EN






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91997E1228

WRITTEN QUESTION No. 1228/97 by Evelyne GEBHARDT to the Commission. Discrimination against Union citizens in the Federal Republic of Germany  


Official Journal C 060 , 25/02/1998 P. 0015 





WRITTEN QUESTION E-1228/97 by Evelyne Gebhardt (PSE) to the Commission (7 April 1997)Subject: Discrimination against Union citizens in the Federal Republic of GermanyUnion citizens who apply in the Federal Republic of Germany for an unlimited residence permit under the Federal German law on residence are required, pursuant to paragraph 7a(1)(3) of that law, to prove that they have adequate housing as laid down in paragraph 17(4) of the law on aliens. They must provide this proof even if they have been living in Federal Republic of Germany for many years and are married to a German citizen.1. Does the Commission regard this rule as compatible with the requirement not to discriminate against Union citizens in the European Union, as laid down in Article 6 of the EC Treaty?2. What view does the Commission take of this provision in the light of the introduction of Union citizenship and the principle of equal treatment of Union citizens?Answer given by Mr Monti on behalf of the Commission (11 July 1997)The German Law on residence by Community nationals (Aufenthaltsgesetz/EWG) provides for two types of residence permit: a permit valid for at least five years (in accordance with the relevant Community legislation) may be issued under paragraphs 1 and 3 of the Law, while a permit which is valid indefinitely may be issued under paragraph 7a (subject to requirements not laid down in Community legislation being met, such as suitable accommodation ((In Community legislation, this requirement exists only with reference to workers' families-see Article10(3) of Regulation(EEC) No 1612/68 (OJ L 257, 19.10.1968). ))).Both options are available to Community citizens. The relevant Community legislation requires Member States to introduce residence permits which are valid for at least five years. That requirement is met by paragraphs 1 and 3 of the German Law. Community citizens may also take up the second option, i.e. residence permits which are valid indefinitely under paragraph 7a of the Law. However, such permits, which confer a number of additional advantages, are issued on the basis of national legislation which may contain specific requirements different to those stipulated by Community legislation.Provided that Community citizens are in all cases entitled to be issued with a residence permit which complies with the requirements laid down by Community legislation, it is admissible for national law to provide for the existence of other types of residence permit issued on the basis of national law and conferring additional advantages in return for compliance with additional requirements.