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Document 62007CA0092
Case C-92/07: Judgment of the Court (Second Chamber) of 29 April 2010 — European Commission v Kingdom of the Netherlands (EEC-Turkey Association Agreement — Standstill and non-discrimination rules — Obligation to pay charges in order to obtain or extend a residence permit — Proportionality of the charges to be paid — Comparison with charges paid by citizens of the Union — Article 9 of the Association Agreement — Article 41(1) of the Additional Protocol — Articles 10(1) and 13 of Decision No 1/80 of the Association Council)
Case C-92/07: Judgment of the Court (Second Chamber) of 29 April 2010 — European Commission v Kingdom of the Netherlands (EEC-Turkey Association Agreement — Standstill and non-discrimination rules — Obligation to pay charges in order to obtain or extend a residence permit — Proportionality of the charges to be paid — Comparison with charges paid by citizens of the Union — Article 9 of the Association Agreement — Article 41(1) of the Additional Protocol — Articles 10(1) and 13 of Decision No 1/80 of the Association Council)
Case C-92/07: Judgment of the Court (Second Chamber) of 29 April 2010 — European Commission v Kingdom of the Netherlands (EEC-Turkey Association Agreement — Standstill and non-discrimination rules — Obligation to pay charges in order to obtain or extend a residence permit — Proportionality of the charges to be paid — Comparison with charges paid by citizens of the Union — Article 9 of the Association Agreement — Article 41(1) of the Additional Protocol — Articles 10(1) and 13 of Decision No 1/80 of the Association Council)
OJ C 161, 19.6.2010, p. 2–2
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.6.2010 |
EN |
Official Journal of the European Union |
C 161/2 |
Judgment of the Court (Second Chamber) of 29 April 2010 — European Commission v Kingdom of the Netherlands
(Case C-92/07) (1)
(EEC-Turkey Association Agreement - Standstill and non-discrimination rules - Obligation to pay charges in order to obtain or extend a residence permit - Proportionality of the charges to be paid - Comparison with charges paid by citizens of the Union - Article 9 of the Association Agreement - Article 41(1) of the Additional Protocol - Articles 10(1) and 13 of Decision No 1/80 of the Association Council)
(2010/C 161/02)
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: P.J. Kuijper and S. Boelaert, Agents)
Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster, C.M. Wissels and D.J.M. de Grave, Agents)
Intervener in support of the defendant: Federal Republic of Germany (represented by: M. Lumma and J. Möller, Agents)
Re:
Failure of a Member State to fulfil obligations — Breach of Article 9 of the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 and concluded on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 (OJ 1973 C 113), of Article 41 of the Additional Protocol, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 113), and of Articles 10(1) and 13 of Decision No 1/80 of 19 September 1980 on the development of the Association — Discriminatory administrative charges in respect of residence permits
Operative part of the judgment
The Court:
1. |
Declares that, by introducing and maintaining a system for the issue of residence permits providing for charges which are disproportionate in relation to those imposed on nationals of Member States for the issue of similar documents, and by applying that system to Turkish nationals who have a right of residence in the Netherlands on the basis of:
|
2. |
Orders the Kingdom of the Netherlands to pay the costs and the Federal Republic of Germany to bear its own costs. |