Case C-808/21: Judgment of the Court (Grand Chamber) of 19 November 2024 – European Commission v Czech Republic (Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to become a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union)
Date: 2024-11-19
Institutions: Court of Justice
Subjects: European citizenship, discrimination on the basis of nationality, free movement of persons, infringement of EU law, national identity, nationality, political parties, residence, right to stand for election, right to vote








C_202500230EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/230


20.1.2025






Judgment of the Court (Grand Chamber) of 19 November 2024 – European Commission v Czech Republic


(Case C-808/21)
                (1)

(Failure of a Member State to fulfil obligations - Article 20 TFEU - Citizenship of the Union - Article 21 TFEU - Right to move and reside freely within the territory of the Member States - Article 22 TFEU - Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State - Citizens of the Union residing in a Member State of which they are not nationals - No right to become a member of a political party - Articles 2 and 10 TEU - Democratic principle - Article 4(2) TEU - Respect for the national identity of the Member States - Article 12 of the Charter of Fundamental Rights of the European Union - Role of political parties in expressing the will of citizens of the Union)
(C/2025/230)
Language of the case: Czech

Parties


Applicant: European Commission (represented by: P. Ondrůšek, J. Tomkin and A. Szmytkowska, acting as Agents)

Defendant: Czech Republic (represented by: A. Edelmannová, T. Müller, M. Smolek and J. Vláčil, acting as Agents)

Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna, E. Borawska-Kędzierska and A. Siwek-Ślusarek, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by denying EU citizens who are not Czech nationals but who reside in the Czech Republic the right to become a member of a political party or political movement, the Czech Republic has failed to fulfil its obligations under Article 22 TFEU;










2.


Orders the Czech Republic to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Republic of Poland to bear its own costs.






(1)  
            OJ C 109, 7.3.2022.


ELI: http://data.europa.eu/eli/C/2025/230/oj
ISSN 1977-091X (electronic edition)