Judgment of the Court (First Chamber) of 17 February 2005 in Case C-215/03 (reference for a preliminary ruling from the Rechtbank te 's-Gravenhage): Salah Oulane v Minister voor Vreemdelingenzaken en Integratie (Free movement of persons — Right of entry and residence for nationals of Member States — Requirement to present an identity card or a passport — Pre-condition for recognition of right of residence — Penalty — Detention order for the purpose of deportation)
Date: 2005-05-14
Institutions: Court of Justice
Subjects: EU national, border control, free movement of persons, freedom to provide services, identity document, interpretation of the law, residence permit

14.5.2005

EN

Official Journal of the European Union

C 115/3

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

90/423/EEC of 26 June 1990, in particular the power to order the
slaughter of animals belonging to a holding adjacent to or within a
specific radius of a holding containing infected animals.

(1) OJ C 83 of 05.04.2003.

Such measures must be adopted in compliance with the objectives
pursued by the Community rules in force and, more particularly,
Directive 85/511, as amended by Directive 90/423, the general
principles of Community law, such as the principle of proportionality,
and the obligation to communicate laid down in Article 10(1) of
Directive 90/425.

JUDGMENT OF THE COURT

(1) OJ C 146 of 21.06.2003.

(Third Chamber)

of 10 March 2005

in Joined Cases C-96/03 and C-97/03 (reference for a preli-
minary ruling from the College van Beroep voor het
bedrijfsleven): A. Tempelman v Directeur van de Rijks-
dienst voor de keuring van Vee en Vlees (1)

(Agriculture — Control of foot-and-mouth disease — Protec-
tive measures adopted in addition to the measures provided
for in Directive 85/511/EEC — Powers of the Member
States)

(2005/C 115/05)

(Language of the case: Dutch)

In Joined Cases C-96/03 and C-97/03: reference for a preli-
minary ruling under Article 234 EC from the College van
Beroep voor het bedrijfsleven (Netherlands), made by decision
of 7 January 2003, received at the Court on 4 March 2003, in
the proceedings pending before
court between A.
Tempelman (C-96/03), Mr and Mrs T.H.J.M. van Schaijk (C-97/
03) and Directeur van de Rijksdienst voor de keuring van Vee
en Vlees — the Court (Third Chamber), composed of A. Rosas
(Rapporteur), President of the Chamber, A. Borg Barthet, J.-P.
Puissochet, J. Malenovský and U. Lõhmus, Judges; M. Poiares
Maduro, Advocate General, M. Múgica Arzamendi, Principal
Administrator, for the Registrar, gave a judgment on 10 March
2005, the operative part of which is as follows:

that

Since foot-and-mouth disease is a disease which constitutes a serious
hazard for animals, Article 10(1) of Council Directive 90/425/EEC
of 26 June 1990 concerning veterinary and zootechnical checks
applicable in intra-Community trade in certain live animals and
products with a view to the completion of the internal market confers
on Member States the power to adopt measures to control the disease
in addition to those provided for in Council Directive 85/511/EEC of
18 November 1985 introducing Community measures for the control
foot-and-mouth disease, as amended by Council Directive
of

JUDGMENT OF THE COURT

(First Chamber)

of 17 February 2005

in Case C-215/03 (reference for a preliminary ruling from
the Rechtbank te 's-Gravenhage): Salah Oulane v Minister
voor Vreemdelingenzaken en Integratie (1)

(Free movement of persons — Right of entry and residence
for nationals of Member States — Requirement to present an
identity card or a passport — Pre-condition for recognition of
right of residence — Penalty — Detention order for the
purpose of deportation)

(2005/C 115/06)

(Language of the case: Dutch)

In Case C-215/03: reference for a preliminary ruling under
Article 234 EC from the Rechtbank te 's-Gravenhage (Nether-
lands), made by decision of 12 May 2003, received at the
Court on 19 May 2003, in the proceedings pending before that
court between Salah Oulane and Minister voor Vreemdelingen-
zaken en Integratie — the Court (First Chamber), composed of
P.
J.N. Cunha
Rodrigues (Rapporteur), M. Ilešič and E. Levits, Judges; P. Leger,
Advocate General, M. F. Contet, Principal Administrator, for
the Registrar, gave a judgment on 17 February 2005, the
operative part of which is as follows:

Jann, President of the Chamber, N. Colneric,

1. The

third paragraph of Article 4(2) of Council Directive
73/148/EEC of 21 May 1973 on the abolition of restrictions on
movement and residence within the Community for nationals of

C 115/4

EN

Official Journal of the European Union

14.5.2005

Member States with regard to establishment and the provision of
services is to be interpreted as meaning that the recognition by a
Member State of the right of residence of a recipient of services
who is a national of another Member State may not be made
subject to his production of a valid identity card or passport, where
his identity and nationality can be proven unequivocally by other
means.

de Barcelona (Spain), made by decision of 5 May 2003,
received at the Court on 2 June 2003,
in the proceedings
between QDQ Media SA and Alejandro Omedas Lecha — the
Court (Sixth Chamber), composed of A. Borg Barthet, President
of the Chamber, J.-P. Puissochet (Rapporteur) and S. von Bahr,
Judges; J. Kokott, Advocate General, R. Grass, Registrar, gave a
judgment on 10 March 2005, the operative part of which is as
follows:

2. It is contrary to Article 49 EC for nationals of a Member State to
be required in another Member State to present a valid identity
card or passport in order to prove their nationality, when the latter
State does not impose a general obligation on its own nationals to
provide evidence of identity, and permits them to prove their iden-
tity by any means allowed by national law.

3. A detention order with a view to deportation in respect of a
national of another Member State, imposed on the basis of failure
to present a valid identity card or passport even when there is no
threat to public policy, constitutes an unjustified restriction on the
freedom to provide services and is therefore contrary to Article 49
EC.

4. It is for nationals of a Member State residing in another Member
State in their capacity as recipients of services to provide evidence
establishing that their residence is lawful. If no such evidence is
provided,
the host Member State may undertake deportation,
subject to the limits imposed by Community law.

(1) OJ C 171 of 19.07.2003.

Where it is not possible on the basis of national law to include, in the
calculation of the costs which an individual who owes a business debt
might be ordered to pay, the expenses arising from representation by
an abogado or procurador of the creditor in judicial proceedings for
the recovery of that debt, Directive 2000/35/EC of the European
Parliament and of the Council of 29 June 2000 on combating late
payment in commercial transactions cannot of itself serve as the basis
for the inclusion of such expenses.

(1) OJ C 171 of 19.07.03.

JUDGMENT OF THE COURT

(First Chamber)

of 10 March 2005

JUDGMENT OF THE COURT

(Sixth Chamber)

of 10 March 2005

in Case C-336/03 Reference for a preliminary ruling from
the High Court of Justice of England and Wales, Chancery
Division: easyCar (UK) Ltd v Office of Fair Trading (1)

(Protection of consumers in respect of distance contracts —
Directive 97/7/EC — Contracts for the provision of transport
services — Meaning — Contracts for car hire)

in Case C-235/03 Reference for a preliminary ruling from
the Juzgado de Primera Instancia No 35 Barcelona: QDQ
Media SA v Alejandro Omedas Lecha (1)

(Directive 2000/35/EC — Definition of recovery costs —
Expenses of abogado or procurador in judicial proceedings
where use of those legal practitioners is not required —
Impossible to include in the costs on the basis of national law
— Impossible to rely on the directive against an individual)

(2005/C 115/07)

(Language of the case: Spanish)

In Case C-235/03: reference for a preliminary ruling under
Article 234 EC from the Juzgado de Primera Instancia No 35

(2005/C 115/08)

(Language of the case: English)

In Case C-336/03: reference for a preliminary ruling under
Article 234 EC from the High Court of Justice of England and
Wales, Chancery Division (United Kingdom), made by decision
of 21 July 2003, received at the Court on 20 July 2003, in the
proceedings pending before that court between easyCar (UK)
Ltd and Office of Fair Trading — the Court (First Chamber),
composed of P. Jann, President of the Chamber, K. Lenaerts,
J.N. Cunha Rodrigues, K. Schiemann and M. Ilešič (Rapporteur),
Judges; C. Stix-Hackl, Advocate General, K. Sztranc, Adminis-
trator, for the Registrar, gave a judgment on 10 March 2005,
the operative part of which is as follows: