CELEX: C2007/095/42
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-92/07: Action brought on 16 February 2007 — Commission of the European Communities v Kingdom of the Netherlands

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/23
            
         Action brought on 16 February 2007 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-92/07)
   (2007/C 95/42)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: P.J. Kuijper and S. Boelaert, Agents)
   
      Defendant: Kingdom of the Netherlands
   Form of order sought
   
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               declare that, by introducing and maintaining a system of administrative fees for the issue of residence permits which are higher than those imposed on nationals of Member States and nationals of Norway, Iceland, Liechtenstein and Switzerland for the issue of an equivalent document, and by applying that system to Turkish nationals who have a right of residence in the Netherlands on the basis of the Association Agreement (1), the Additional Protocol (2) or Decision No 1/80 (3), the Kingdom of the Netherlands has failed to fulfil its obligations under the Association Agreement, in particular Article 9, the Additional Protocol, in particular Article 41, and Decision No 1/80, in particular Articles 10(1) and 13;
            
         
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               order the Kingdom of the Netherlands to pay the costs.
            
         Pleas in law and main arguments
   The Commission finds that the rates of administrative fees for residence permits which the Netherlands have imposed since 1994 on Turkish nationals are at variance with the standstill and non-discrimination provisions of the Association Agreement, the Additional Protocol and Decision No 1/80.
   Under the standstill provisions of the Additional Protocol and Decision No 1/80, a Member State is not entitled to introduce any new measure having the purpose or effect of making the rights which Turkish nationals derive from the Association Agreement, the Additional Protocol and Decision No 1/80, and the right of residence closely connected thereto, subject to more stringent conditions. In the Commission's view, the Netherlands administrative fees in question infringe those standstill provisions inasmuch as they were introduced after the standstill provisions had entered into force for the Netherlands and inasmuch as they hinder or make less attractive the exercise of the rights which Turkish nationals derive from the Association Agreement, the Additional Protocol and Decision No 1/80.
   The Commission submits further that, in so far as the Netherlands make Turkish nationals subject to the payment of administrative fees for residence permits, such fees may not, pursuant to the provisions on non-discrimination contained in the Association Agreement and Decision No 1/80, be higher than those imposed, in respect of equivalent documents, on EU nationals and nationals of Norway, Iceland, Liechtenstein and Switzerland.
   
      (1)  Agreement establishing an Association between the European Economic Community and Turkey, approved and confirmed by Council Decision 64/732/EEC of 23 December 1963 (OJ 1973 C 113).
   
      (2)  Additional Protocol, approved by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 113).
   
      (3)  Decision No 1/80 of 19 September 1980 on the development of the Association.