CELEX: 62017CA0716
Language: en
Date: 2019-07-11 00:00:00
Title: Case C-716/17: Judgment of the Court (Fourth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Østre Landsret — Denmark) — proceedings brought by A (Reference for a preliminary ruling — Freedom of movement for workers — Restrictions — Initiation of debt relief proceedings — Condition of residence — Whether permissible — Article 45 TFEU — Direct effect)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/9
            
         
      Judgment of the Court (Fourth Chamber) of 11 July 2019 (reference for a preliminary ruling from the Østre Landsret — Denmark) — proceedings brought by A
      (Case C-716/17) (1)
      
      (Reference for a preliminary ruling - Freedom of movement for workers - Restrictions - Initiation of debt relief proceedings - Condition of residence - Whether permissible - Article 45 TFEU - Direct effect)
      (2019/C 305/11)
      Language of the case: Danish
      
         Referring court
      
      Østre Landsret
      
         Party to the main proceedings
      
      A
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 45 TFEU must be interpreted as precluding a rule on jurisdiction laid down by the legislation of a Member State, such as the one at issue in the main proceedings, that makes a grant of debt relief subject to the condition that the debtor must have his domicile or residence in that Member State.
               
            
                  2.
               
               
                  Article 45 TFEU must be interpreted as requiring the national court to disapply the residence condition laid down by a national rule on jurisdiction, such as that at issue in the main proceedings, irrespective of whether the debt relief proceedings, which are also laid down by that legislation, may potentially affect the debt claims of private creditors under that legislation.
               
            
         (1)  OJ C 83, 5.3.2018.