Case C-398/06: Action brought on 25 September 2006 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2006-12-02
Institutions: Court of Justice
Subjects: EU law - national law, EU national, European Commission, Netherlands, action for failure to fulfil an obligation, residence permit, retired person

C 294/30

EN

Official Journal of the European Union

2.12.2006

3. If Question 1 is answered in the affirmative, has an air
carrier then taken all reasonable measures to avoid cancella-
tion for the purposes of the Regulation if it can be estab-
lished that there were no aircraft available for use for the
flight in respect of which an aircraft which was taken out of
operation due to technical problems was scheduled to be
used?

Pleas in law and main arguments

in the Netherlands rules that

in order to
The requirement
obtain a residence permit a person must have sufficient means
for a minimum period of one year is not in conformity with
Community law.

4. If Question 1 is answered in the affirmative, is it relevant
that the documentation concerning the technical problems
relied on by the air carrier originates solely from the air
carrier itself?

(1) OJ 1990 L 180, p. 26.
(2) OJ 1990 L 180, p. 28.
(3) OJ, English Special Edition 1968(II), p. 485.

Action brought on 25 September 2006 — Commission of
the European Communities v Kingdom of the Netherlands

(Case C-398/06)

(2006/C 294/53)

Language of the case: Dutch

the judgment of

Appeal brought on 25 September 2006 by Faraj Hassan
against
Instance
(Second Chamber) delivered on 12 July 2006 in Case T-
49/04: Faraj Hassan v Council of the European Union and
Commission of the European Communities

the Court of First

(Case C-399/06 P)

(2006/C 294/54)

Language of the case: English

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, Agents)

Appellant: Faraj Hassan (represented by: E. Grieves, Barrister, H.
Miller, Solicitor)

Defendant: Kingdom of the Netherlands

Other parties to the proceedings: Council of the European Union,
Commission of the European Communities

Form of order sought

Form of order sought

— Declare that, by maintaining in force national provisions
under which economically non-active and pensioned EU/
EEA nationals must prove that they have lasting means of
support in order to obtain a residence permit, the Kingdom
of the Netherlands has failed to fulfil its obligations under
Council Directive 90/364/EEC (1) of 28 June 1990 on the
right of residence, Council Directive 90/365/EEC (2) of 28
June 1990 on the right of residence for employees and self-
employed persons who have ceased their occupational
activity and Council Directive 68/360/EEC (3) of 15 October
1968 on the abolition of restrictions on movement and
residence within the Community for workers of Member
States and their families;

The applicant claims that the Court should:

1) Set aside the judgment of the Court of First Instance

2) Annul Council Regulation (EC) No 881/2002 of 27 May
2002 (1) as amended by Commission Regulation (EC) No
2049/2003 20 November 2003 (2) and/or Commission
Regulation (EC) No 2049/2003 20 November 2003 in its
entirety and/or in respect of the proscription of the Appli-
cant; and

3) Alternatively declare the aforementioned Regulations inap-
plicable in respect of its application to the applicant; and

4) Take such further action as the Court may deem appro-

— order the Kingdom of the Netherlands to pay the costs.

priate; and