THE CONTROL OF FOREIGN NATIONALS DO NOT INVOLVE RESTRICTIONS ON FREEDOM OF MOVEMENT FOR PERSONS AND ON THE RIGHT , CONFERRED BY THE TREATY ON PERSONS PROTECTED BY COMMUNITY LAW , TO ENTER AND RESIDE IN THE TERRITORY OF THE MEMBER STATES , THE APPLICATION OF SUCH LEGISLATION , WHERE IT IS BASED UPON OBJECTIVE FACTORS , CANNOT CONSTITUTE ' DISCRIMINATION ON GROUNDS OF NATIONALITY ' , PROHIBITED UNDER ARTICLE 7 OF THE TREATY .
23 PROVISIONS WHICH REQUIRE RESIDENTS OF THE HOST STATE TO INFORM THE PUBLIC AUTHORITIES OF THE IDENTITY OF FOREIGN NATIONALS FOR WHOM THEY PROVIDE ACCOMMODATION , AND WHICH ARE FOR THE MOST PART CONNECTED WITH THE INTERNAL ORDER OF THE STATE , CAN ONLY BE CALLED INTO QUESTION FROM THE POINT OF VIEW OF COMMUNITY LAW IF THEY PLACE AN INDIRECT RESTRICTION ON FREEDOM OF MOVEMENT FOR PERSONS .
THE FOREGOING OBSERVATIONS CONCERNING THE OBLIGATIONS IMPOSED ON NATIONALS OF OTHER MEMBER STATES ARE THEREFORE EQUALLY VALID AS REGARDS THE ABOVE MENTIONED REQUIREMENT .
Decision on costs
COSTS
24 THE COSTS INCURRED BY THE BRITISH AND ITALIAN GOVERNMENTS AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRETURA , MILAN , HEREBY RULES :
1 . ARTICLES 48 TO 66 OF THE TREATY AND THE MEASURES ADOPTED BY THE COMMUNITY IN APPLICATION THEREOF IMPLEMENT A FUNDAMENTAL PRINCIPLE OF THE TREATY , CONFER ON PERSONS WHOM THEY CONCERN INDIVIDUAL RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT AND TAKE PRECEDENCE OVER ANY NATIONAL RULE WHICH MIGHT CONFLICT WITH THEM .
2 . NATIONAL REGULATIONS WHICH
- REQUIRE NATIONALS OF OTHER MEMBER STATES WHO BENEFIT FROM THE PROVISIONS OF ARTICLES 48 TO 66 OF THE EEC TREATY TO REPORT TO THE AUTHORITIES OF THAT STATE ,
AND
- PRESCRIBE THAT RESIDENTS WHO PROVIDE ACCOMMODATION FOR SUCH FOREIGN NATIONALS MUST INFORM THE SAID AUTHORITIES OF THE IDENTITY OF SUCH FOREIGN NATIONALS
ARE IN PRINCIPLE COMPATIBLE WITH THE PROVISIONS IN QUESTION PROVIDED , FIRST , THAT THE PERIOD FIXED FOR THE DISCHARGE OF THE SAID OBLIGATIONS IS REASONABLE AND , SECONDLY , THAT THE PENALTIES ATTACHING TO A FAILURE TO DISCHARGE THEM ARE NOT DISPROPORTIONATE TO THE GRAVITY OF THE OFFENCE AND DO NOT INCLUDE DEPORTATION .
3 . IN SO FAR AS SUCH RULES DO NOT ENTAIL RESTRICTIONS ON FREEDOM OF MOVEMENT FOR PERSONS , THEY DO NOT CONSTITUTE DISCRIMINATION PROHIBITED UNDER ARTICLE 7 OF THE TREATY .