CELEX: C2006/294/53
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-398/06: Action brought on 25 September 2006 — Commission of the European Communities v Kingdom of the Netherlands

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/30
            
         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
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Condou-Durande and R. Troosters, Agents)
   
      Defendant: Kingdom of the Netherlands
   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;
            
         
               —
            
            
               order the Kingdom of the Netherlands to pay the costs.
            
         Pleas in law and main arguments
   The requirement in the Netherlands rules that in order to obtain a residence permit a person must have sufficient means for a minimum period of one year is not in conformity with Community law.
   
      (1)  OJ 1990 L 180, p. 26.
   
      (2)  OJ 1990 L 180, p. 28.
   
      (3)  OJ, English Special Edition 1968(II), p. 485.