CELEX: 62006CJ0398
Language: en
Date: 2008-04-10 00:00:00
Title: 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. # Case C-398/06.

Judgment of the Court (Seventh Chamber) of 10 April 2008 – Commission v Netherlands
      (Case C‑398/06)
      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
      
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 26)
      2.                     Freedom of movement for persons – Right of entry and residence of nationals of Member States – Directives 68/360, 90/364 and
            90/365 – Conditions for the issuing of a residence permit (Council Directives 68/360, Art. 9(1) and (3), 90/364 and 90/365)
            (see paras 29, 31, operative part)
      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 requiring that, in order to obtain a residence permit, non‑active
                  and pensioned persons must have adequate personal resources.
               
            Operative part
      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 United Kingdom of Great Britain and Northern Ireland to bear its own costs.