Judgment of the Court (Seventh Chamber) of 10 April 2008 – Commission v Netherlands

(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

1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 26)

2. Freedom of movement for persons – Right of entry and residence of nationals of Member States – Directives 68/360, 90/364 and 90/365 – Conditions for the issuing of a residence permit (Council Directives 68/360, Art. 9(1) and (3), 90/364 and 90/365) (see paras 29, 31, operative part)

Re:

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.