Keywords
Summary

Keywords

Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Rules making the grant of legal personality to an association conditional upon the nationality of the members - Not permissible - Failure to fulfil obligations

(EC Treaty, Art. 6 (now, after amendment, Art. 12 EC))

Summary

$$A Member State which, in order for the legal personality of an association to be recognised, requires that one of the members of the administration of the association possess the nationality of that State - or that a minimum, and majority, presence of members hold that nationality - fails to fulfil its obligations under Article 6 of the EC Treaty (now, after amendment, Article 12 EC).

Such rules regulating the right to form associations with legal personality, which apply to nationals of the other Member States, affect one of the fundamental freedoms guaranteed by the Treaty and accordingly infringe Article 6 thereof by imposing a discriminatory nationality requirement.