CELEX: 62006CA0398
Language: en
Date: 2008-04-10 00:00:00
Title: Case C-398/06: Judgment of the Court (Seventh Chamber) of 10 April 2008 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Right of residence of nationals of Members States of the European Union and of the European Economic Area who are non-active and pensioned persons — National legislation and administrative practice requiring personal resources sufficient for a stay of at least a year in the host Member State)

24.5.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 128/10
            
         Judgment of the Court (Seventh Chamber) of 10 April 2008 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-398/06) (1)
   
   (Failure of a Member State to fulfil obligations - Right of residence of nationals of Members States of the European Union and of the European Economic Area who are non-active and pensioned persons - National legislation and administrative practice requiring personal resources sufficient for a stay of at least a year in the host Member State)
   (2008/C 128/15)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Condou-Durande and R. Troosters, acting as Agents)
   
      Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and D.J.M. de Grave, Agents)
   
      Intervener in support of the form of order sought by the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: E. O'Neill, Agent, and J. Stratford, Barrister)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of the Community rules on the residence of citizens of the Union — National legislation and administrative practice which require that, in order to obtain a residence permit, non-active and pensioned persons must have adequate personal resources
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by maintaining in force national provisions under which, in order to obtain a residence permit, nationals of the European Union and of the European Economic Area who are non-active and retired must prove that they have sustainable resources, the Kingdom of the Netherlands has failed to fulfil its obligations under Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Council Directive 90/364/EEC of 28 June 1990 on the right of residence and Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity;
            
         
               2.
            
            
               Orders the Kingdom of the Netherlands to pay the costs;
            
         
               3.
            
            
               Orders the Kingdom of Great Britain and Northern Ireland to bear its own costs.
            
         
      (1)  OJ C 294, 2.12.2006.