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Case C-508/10: Action brought on 25 October 2010 — European Commission v Kingdom of the Netherlands
ECLI:EU:UNKNOWN:62010CN0508
62010CN0508
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Valentina R., lawyer
29.1.2011
EN
Official Journal of the European Union
C 30/14
(Case C-508/10)
()
2011/C 30/23
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: M. Condou-Durande and R. Troosters, acting as Agents)
Defendant: Kingdom of the Netherlands
Form of order sought
—declare that, by requiring third-country nationals and their family members applying for long-term resident status to pay high and unfair charges, the Kingdom of the Netherlands has failed to fulfil its obligations under Directive 2003/109/EC (1) and, accordingly, its obligations under Article 258 TFEU;
—order the Kingdom of the Netherlands to pay the costs.
Pleas in law and main arguments
The Commission regards the amount of EUR 201 to EUR 830, depending on the case, for the processing of an application for long-term resident status as disproportionate by comparison with the sum of EUR 30 which EU citizens are required to pay for a residence permit. Such a procedure cannot, therefore, be regarded as ‘fair’. In the Commission’s view, irrespective of whether they constitute payment for actual costs arising, such high charges can be ‘a means of hindering the exercise of the right of residence’ within the meaning of recital 10 in the preamble to the directive, and thus have a deterrent effect on third-country nationals wishing to avail themselves of the rights afforded to them by the directive. Moreover, this is supported by the fact that the Commission is receiving complaints in that respect from citizens.
(1) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).