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Case C-814/21: Judgment of the Court (Grand Chamber) of 19 November 2024 – European Commission v Republic of Poland (Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to be a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union)
ECLI:EU:UNKNOWN:62021CA0814
62021CA0814
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Official Journal of the European Union
C series
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C/2025/231
(Case C-814/21)
(Failure of a Member State to fulfil obligations - Article 20 TFEU - Citizenship of the Union - Article 21 TFEU - Right to move and reside freely within the territory of the Member States - Article 22 TFEU - Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State - Citizens of the Union residing in a Member State of which they are not nationals - No right to be a member of a political party - Articles 2 and 10 TEU - Democratic principle - Article 4(2) TEU - Respect for the national identity of the Member States - Article 12 of the Charter of Fundamental Rights of the European Union - Role of political parties in expressing the will of citizens of the Union)
(C/2025/231)
Language of the case: Polish
Applicant: European Commission (represented by: A. Szmytkowska and J. Tomkin, acting as Agents)
Defendant: Republic of Poland (represented by: B. Majczyna, E. Borawska-Kędzierska and A. Siwek-Ślusarek, acting as Agents)
Intervener in support of the defendant: Czech Republic (represented by: A. Edelmannová, T. Müller, M. Smolek and J. Vláčil, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, by denying EU citizens who are not Polish nationals but who reside in Poland the right to be a member of a political party, the Republic of Poland has failed to fulfil its obligations under Article 22 TFEU;
2.Orders the Republic of Poland to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Czech Republic to bear its own costs.
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(1)
OJ C 84, 21.2.2022.
ELI: http://data.europa.eu/eli/C/2025/231/oj
ISSN 1977-091X (electronic edition)
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