CELEX: C2006/096/04
Language: en
Date: 2006-04-22 00:00:00
Title: Case C-50/06: Action brought on  27 January 2006  by the Commission of the European Communities against the Kingdom of the Netherlands

22.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/3
            
         Action brought on 27 January 2006 by the Commission of the European Communities against the Kingdom of the Netherlands
   (Case C-50/06)
   (2006/C 96/04)
   Language of the case: Dutch
   An action against the Kingdom of the Netherlands was brought before the Court of Justice of the European Communities on 27 January 2006 by the Commission of the European Communities, represented by Maria Condou-Durande and Rudi Troosters, acting as Agents, with an address for service in Luxembourg.
   The Commission of the European Communities claims that the Court should:
   
               1.
            
            
               declare that, by not applying to citizens of the European Union Council Directive 64/221/EEC (1) of 25 February 1964 on the coordination 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 rather applying to them general legislation on aliens which makes it possible to establish a systematic and automatic connection between a criminal conviction and an expulsion measure, the Kingdom of the Netherlands has failed to fulfil its obligations under Directive 64/221/EEC;
            
         
               2.
            
            
               order the Kingdom of the Netherlands to pay the costs.
            
         Pleas in law and main arguments
   Article 8(e) of the Netherlands Vreemdelingenwet (Law on Aliens) 2000 provides that an alien will be lawfully resident in the Netherlands as a Community national only on condition that that national is resident on the basis of a rule, including a rule pursuant to the EC Treaty.
   Most of the provisions of the Vreemdelingenwet 2000 are otherwise applicable in full to 'aliens' in general, that term being construed, in accordance with Article 1(m) of the Law, as also covering nationals of a Member State of the EU. As such, no reference is made in the Vreemdelingenwet to Directive 64/221/EEC and the principles contained in that directive are not incorporated in the text of the Law. A fortiori, the obligations resulting from Directive 64/221/EEC have not been transposed in a clear and unambiguous manner in that legislation.
   
      (1)  OJ, English Special Edition 1963-1964, p. 117.