Case C-508/10

European Commission

v

Kingdom of the Netherlands

‛Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Application for long-term resident status — Application for a residence permit in a second Member State made by a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family — Amount of the charges levied by the competent authorities — Disproportionate charges — Obstacle to the exercise of the right of residence’

Summary of the Judgment

1. Actions for failure to fulfil obligations — Pre-litigation procedure — Subject-matter — Application initiating proceedings — Statement of subject-matter and pleas in law

   (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 38(1)(c))

2. Immigration, border control and asylum — Immigration policy — Status of third-country nationals who are long-term residents — Directive 2003/109 — Application for that status and for a residence permit in a second Member State made by such a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family

   (Council Directive 2003/109)

1.  In the context of an action for failure to fulfil obligations, the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, of fulfilling its obligations under EU law and, on the other, of availing itself of its right to defend itself properly against the objections formulated by the Commission. The subject-matter of proceedings under Article 258 TFEU is therefore delimited by the pre-litigation procedure prescribed by that provision.

   By virtue of the first paragraph of Article 21 of the Statute of the Court of Justice of the European Union and Article 38(1)(c) of its Rules of Procedure, the Commission must, in any application made under Article 258 TFEU, indicate the specific complaints on which the Court is asked to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based. However, if the Commission claims that national legislation is contrary to the system, scheme or spirit of a directive, without relating the resultant breach of EU law to any specific provisions of that directive, its application cannot, on that ground alone, be held to be inadmissible.

   (see paras 33-35, 39)

2.  A Member State which applies (i) to third-country nationals seeking long-term resident status in that Member State, (ii) to those who, having acquired that status in another Member State, are seeking to exercise the right to reside in that Member State, and (iii) to members of their families seeking authorisation to accompany or join them, excessive and disproportionate charges liable to create an obstacle to the exercise of the rights conferred by Directive 2003/109 concerning the status of third-country nationals who are long-term residents, fails to fulfil its obligations under that directive.

   While it is open to that Member State to make the issue of residence permits under Directive 2003/109 subject to the levying of charges, the level at which those charges are set must not have either the object or the effect of creating an obstacle to the obtaining of the long-term resident status conferred by that directive, lest both the objective and the spirit of that directive be compromised and the directive itself rendered redundant.

   Furthermore, the discretion enjoyed by that Member State in setting the amount of the charges that may be levied on third-country nationals for the issue of residence permits under Chapters II and III of Directive 2003/109 is not unlimited and does not therefore permit the levying of charges that would be excessive in the light of their significant financial impact on those nationals.

   (see paras 69, 70, 73, 74, 79, operative part)

Case C-508/10

European Commission

v

Kingdom of the Netherlands

‛Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Application for long-term resident status — Application for a residence permit in a second Member State made by a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family — Amount of the charges levied by the competent authorities — Disproportionate charges — Obstacle to the exercise of the right of residence’

Summary of the Judgment

1. Actions for failure to fulfil obligations — Pre-litigation procedure — Subject-matter — Application initiating proceedings — Statement of subject-matter and pleas in law

   (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 38(1)(c))

2. Immigration, border control and asylum — Immigration policy — Status of third-country nationals who are long-term residents — Directive 2003/109 — Application for that status and for a residence permit in a second Member State made by such a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family

   (Council Directive 2003/109)

1.  In the context of an action for failure to fulfil obligations, the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, of fulfilling its obligations under EU law and, on the other, of availing itself of its right to defend itself properly against the objections formulated by the Commission. The subject-matter of proceedings under Article 258 TFEU is therefore delimited by the pre-litigation procedure prescribed by that provision.

   By virtue of the first paragraph of Article 21 of the Statute of the Court of Justice of the European Union and Article 38(1)(c) of its Rules of Procedure, the Commission must, in any application made under Article 258 TFEU, indicate the specific complaints on which the Court is asked to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based. However, if the Commission claims that national legislation is contrary to the system, scheme or spirit of a directive, without relating the resultant breach of EU law to any specific provisions of that directive, its application cannot, on that ground alone, be held to be inadmissible.

   (see paras 33-35, 39)

2.  A Member State which applies (i) to third-country nationals seeking long-term resident status in that Member State, (ii) to those who, having acquired that status in another Member State, are seeking to exercise the right to reside in that Member State, and (iii) to members of their families seeking authorisation to accompany or join them, excessive and disproportionate charges liable to create an obstacle to the exercise of the rights conferred by Directive 2003/109 concerning the status of third-country nationals who are long-term residents, fails to fulfil its obligations under that directive.

   While it is open to that Member State to make the issue of residence permits under Directive 2003/109 subject to the levying of charges, the level at which those charges are set must not have either the object or the effect of creating an obstacle to the obtaining of the long-term resident status conferred by that directive, lest both the objective and the spirit of that directive be compromised and the directive itself rendered redundant.

   Furthermore, the discretion enjoyed by that Member State in setting the amount of the charges that may be levied on third-country nationals for the issue of residence permits under Chapters II and III of Directive 2003/109 is not unlimited and does not therefore permit the levying of charges that would be excessive in the light of their significant financial impact on those nationals.

   (see paras 69, 70, 73, 74, 79, operative part)