CELEX: C2007/170/10
Language: en
Date: 2007-07-21 00:00:00
Title: Case C-50/06: Judgment of the Court (Third Chamber) of 7 June 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Citizenship of the Union — Freedom of movement for nationals of the Member States — Directive 64/221/EEC — Public policy — National legislation concerning expulsion — Criminal conviction — Expulsion)

21.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 170/6
            
         Judgment of the Court (Third Chamber) of 7 June 2007 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-50/06) (1)
   
   (Failure of a Member State to fulfil obligations - Citizenship of the Union - Freedom of movement for nationals of the Member States - Directive 64/221/EEC - Public policy - National legislation concerning expulsion - Criminal conviction - Expulsion)
   (2007/C 170/10)
   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 (represented by: H.G. Sevenster and M. de Grave, Agents)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health (OJ, English Special Edition 1963-1964, p. 117) — National legislation applying without distinction to all foreign nationals and thus failing to take account of the special position of citizens of the European Union — Automatic connection between a criminal conviction and a measure a ordering expulsion.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by not applying to citizens of the Union Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health, but by applying to them general legislation relating to foreign nationals which makes it possible to establish a systematic and automatic connection between a criminal conviction and a measure ordering expulsion, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Kingdom of the Netherlands to pay the costs.
            
         
      (1)  OJ C 96, 22.4.2006.