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(Reference for a preliminary ruling - Freedom of movement for workers - Restrictions - Initiation of debt relief proceedings - Condition of residence - Whether permissible - Article 45 TFEU - Direct effect)
(2019/C 305/11)
Language of the case: Danish
1.Article 45 TFEU must be interpreted as precluding a rule on jurisdiction laid down by the legislation of a Member State, such as the one at issue in the main proceedings, that makes a grant of debt relief subject to the condition that the debtor must have his domicile or residence in that Member State.
2.Article 45 TFEU must be interpreted as requiring the national court to disapply the residence condition laid down by a national rule on jurisdiction, such as that at issue in the main proceedings, irrespective of whether the debt relief proceedings, which are also laid down by that legislation, may potentially affect the debt claims of private creditors under that legislation.
(1)
OJ C 83, 5.3.2018.