Case C-441/02: Judgment of the Court (First Chamber) of  27 April 2006  — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) — Directives 64/221/EEC, 73/148/EEC and 90/364/EEC — Regulation (EEC) No 1612/68 — Freedom of movement for nationals of Member States — Public policy — Right to respect for family life — National legislation relating to the prohibition on residence and expulsion — Administrative practice — Criminal conviction — Expulsion)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: EU national, European Commission, Germany, action for failure to fulfil an obligation, public order, public safety, removal, residence permit

C 143/2

EN

Official Journal of the European Union

17.6.2006

K. Lenaerts

A. Borg Barthet

K. Schiemann

G. Arestis

J. Makarczyk

E. Juhász

P. Kūris

At its meeting on 16 May 2006, the Court drew up the lists,
referred to in the first subparagraph of Article 11c(2) of the
the purposes of determining the
Rules of Procedure,
composition of the Chambers of five Judges as follows:

for

J.- P. Puissochet

A. Ó Caoimh

S. von Bahr

U. Lõhmus

A. Tizzano

J. Malenovský

A. Borg Barthet

At its meeting on 14 October 2003, the Court drew up the
lists, referred to in the second subparagraph of Article 11c(2)
of the Rules of Procedure, for the purposes of determining the
composition of the Sixth Chamber as follows:

J.-P. Puissochet

S. von Bahr

A. Tizzano

A. Borg Barthet

U. Lõhmus

A. Ó Caoimh

Judgment of the Court (First Chamber) of 27 April 2006
— Commission of the European Communities v Federal
Republic of Germany

(Case C-441/02) (1)

(Failure of a Member State to fulfil obligations — Articles
8a and 48 of the EC Treaty (now, after amendment, Articles
18 EC and 39 EC) — Directives 64/221/EEC, 73/148/EEC
and 90/364/EEC — Regulation (EEC) No 1612/68 —
Freedom of movement for nationals of Member States —
Public policy — Right to respect for family life — National
legislation relating to the prohibition on residence and expul-
sion — Administrative practice — Criminal conviction —
Expulsion)

(2006/C 143/05)

Language of the case: German

Defendant: Federal Republic of Germany (represented by: W.-D.
Plessing and A. Tiemann, Agents)

Italian Republic
Party intervening in support of
(represented by: I.M. Braguglia, Agent, and M. Fiorilli, avvocato
dello Stato)

the applicant:

Re:

Failure of a Member State to fulfil obligations — Articles 8a
and 48 of the EC Treaty (now, after amendment, Articles 18
EC and 39 EC) — Articles 3 and 9 of Council Directive
64/221/EEC of 25 February 1964 on the coordination of
special measures concerning the movement and residence of
foreign nationals which are justified on grounds of public
policy, public security or public health (OJ, English Special
Edition 1963-1964, p. 117) — Article 1 of Regulation (EEC)
No 1612/68 of the Council of 15 October 1968 on freedom of
movement for workers within the Community (OJ, English
Special Edition 1968 (II), p. 475) — Articles 1, 4, 5, 8 and 10
of Council Directive 73/148/EEC of 21 May 1973 on the aboli-
tion of restrictions on movement and residence within the
Community for nationals of Member States with regard to
establishment and the provision of services (OJ 1973 L 172, p.
14) — Articles 1 and 2 of Council Directive 90/364/EEC of 28
June 1990 on the right of residence (OJ 1990 L 180, p. 26) —
National
legislation relating to residence prohibitions and
expulsion on grounds of public policy, in particular for crim-
inal convictions — Administrative practice

Operative part of the judgment

The Court:

freedom of movement,

1) Declares that, by failing to transpose in sufficiently clear terms in
Paragraph 12(1) of the Law on entry and residence of nationals
of Member States of the European Economic Community (Gesetz
über Einreise und Aufenthalt von Staatsangehörigen der Mitglied-
staaten der Europäischen Wirtschaftsgemeinschaft) of 21 January
1980 the requirements under Community law with regard to
restriction of
the Federal Republic of
Germany has failed to fulfil its obligations under Article 39 EC,
Article 3 of Council Directive 64/221/EEC of 25 February 1964
on the coordination of special measures concerning the movement
and residence of foreign nationals which are justified on grounds
of public policy, public security or public health and Article 10 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 Member States with regard to establishment and
the provision of services;

2) For the rest, dismisses the application;

3) Orders the Commission of the European Communities to pay the

costs;

4) Orders the Italian Republic to bear its own costs.

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. O'Reilly and W. Bogensberger, Agents)

(1) OJ C 31 of 8.2.2003.