Case C-92/07: Action brought on 16 February 2007 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Netherlands, Türkiye, action for failure to fulfil an obligation, association agreement (EU), foreign national, residence permit, tax system

28.4.2007

EN

Official Journal of the European Union

C 95/23

Action brought on 15 February 2007 — Commission of
the European Communities v French Republic

Form of order sought

(Case C-89/07)

(2007/C 95/40)

Language of the case: French

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/12/EC of the European Parliament and of the Council
of 11 February 2004 amending Directive 94/62/EC on
packaging and packaging waste (1), or in any event by failing
to communicate them to the Commission, the Kingdom of
Belgium has failed to fulfil its obligations under that direc-
tive;

Parties

— order the Kingdom of Belgium to pay the costs.

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet, Agent)

Pleas in law and main arguments

Defendant: French Republic

Form of order sought

— Declare that by maintaining in force in its national law a
requirement of French nationality for the pursuit of employ-
ment as master (captain) or officer (chief mate) on all vessels
flying the French flag, the French Republic has failed to fulfil
its obligations under Article 39 EC;

— order the French Republic to pay the costs.

Pleas in law and main arguments

In so far as it imposes a requirement of French nationality for
the pursuit of employment as master (captain) or officer (chief
mate) on all vessels flying the French flag, French legislation
conflicts with the provisions of Community law relating to
freedom of movement for workers, as interpreted by the Court
of
Justice in its judgments of 30 September 2003 in Case
C-405/01 Colegio de Oficiales de la Marina Mercante Española
[2003] ECR I-10391 and in Case C-47/02 Anker and Others
[2003] ECR I-10447. Such a nationality requirement can be
imposed only in respect of the posts of master and chief mate
actually involving the exercise of rights conferred by public law
on a regular basis.

The period for
expired on 18 August 2005.

the transposition of Directive 2004/12/EC

(1) OJ 2004 L 47, p. 26.

Action brought on 16 February 2007 — Commission of
the European Communities v Kingdom of the Netherlands

(Case C-92/07)

(2007/C 95/42)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: P.J. Kuijper and S. Boelaert, Agents)

Defendant: Kingdom of the Netherlands

Action brought on 16 February 2007 — Commission of
the European Communities v Kingdom of Belgium

Form of order sought

(Case C-90/07)

(2007/C 95/41)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and J.-B. Laignelot, Agents)

— declare that, by introducing and maintaining a system of
administrative fees for the issue of residence permits which
are higher than those imposed on nationals of Member
States and nationals of Norway, Iceland, Liechtenstein and
Switzerland for the issue of an equivalent document, and by
applying that system to Turkish nationals who have a right
of residence in the Netherlands on the basis of the Associa-
tion Agreement (1), the Additional Protocol (2) or Decision
No 1/80 (3), the Kingdom of the Netherlands has failed to
in
fulfil
particular Article 9, the Additional Protocol,
in particular
Article 41, and Decision No 1/80, in particular Articles 10
(1) and 13;

its obligations under the Association Agreement,

Defendant: Kingdom of Belgium

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

C 95/24

EN

Official Journal of the European Union

28.4.2007

Pleas in law and main arguments

Defendant: Kingdom of Belgium

The Commission finds that the rates of administrative fees for
residence permits which the Netherlands have imposed since
1994 on Turkish nationals are at variance with the standstill
and non-discrimination provisions of the Association Agree-
ment, the Additional Protocol and Decision No 1/80.

Under the standstill provisions of the Additional Protocol and
Decision No 1/80, a Member State is not entitled to introduce
any new measure having the purpose or effect of making the
rights which Turkish nationals derive from the Association
Agreement, the Additional Protocol and Decision No 1/80, and
the right of residence closely connected thereto, subject to more
stringent conditions. In the Commission's view, the Netherlands
administrative fees in question infringe those standstill provi-
sions inasmuch as they were introduced after the standstill
provisions had entered into force for the Netherlands and inas-
much as they hinder or make less attractive the exercise of the
rights which Turkish nationals derive from the Association
Agreement, the Additional Protocol and Decision No 1/80.

The Commission submits further that, in so far as the Nether-
lands make Turkish nationals subject to the payment of adminis-
trative fees for residence permits, such fees may not, pursuant to
the provisions on non-discrimination contained in the Associa-
tion Agreement and Decision No 1/80, be higher than those
imposed, in respect of equivalent documents, on EU nationals
and nationals of Norway, Iceland, Liechtenstein and Switzerland.

(1) Agreement establishing an Association between the European
Economic Community and Turkey, approved and confirmed by
Council Decision 64/732/EEC of 23 December 1963 (OJ 1973
C 113).

(2) Additional Protocol, approved by Council Regulation (EEC) No

2760/72 of 19 December 1972 (OJ 1973 C 113).

(3) Decision No 1/80 of 19 September 1980 on the development of the

Association.

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2003/35/EC of the European Parliament and of the Council
of 26 May 2003 providing for public participation in
respect of the drawing up of certain plans and programmes
relating to the environment and amending with regard to
public participation and access to justice Council Directives
85/337/EEC and 96/61/EC (1), or in any event by failing to
communicate them to the Commission, the Kingdom of
Belgium has failed to fulfil its obligations under that direc-
tive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2003/35/EC expired
on 25 June 2005.

(1) OJ 2003 L 156, p. 17.

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Galicia lodged on 20 February 2007
— Rosa Méndez López v Instituto Nacional de Empleo
(INEM); Instituto Nacional de la Seguridad Social (INSS)

(Case C-97/07)

(2007/C 95/44)

Action brought on 20 February 2007 — Commission of
the European Communities v Kingdom of Belgium

Language of the case: Spanish

(Case C-93/07)

(2007/C 95/43)

Language of the case: French

Parties

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings

Applicant: Rosa Méndez López

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and J.-B. Laignelot, Agents)

Defendants:
Nacional de la Seguridad Social (INSS)

Instituto Nacional de Empleo (INEM);

Instituto