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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.
ECLI:EU:C:2008:214
62006CJ0398
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(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
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.