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Document C2006/294/53

Case C-398/06: Action brought on 25 September 2006 — Commission of the European Communities v Kingdom of the Netherlands

ĠU C 294, 2.12.2006, p. 30–30 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

2.12.2006   

EN

Official Journal of the European Union

C 294/30

Action brought on 25 September 2006 — Commission of the European Communities v Kingdom of the Netherlands

(Case C-398/06)

(2006/C 294/53)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: M. Condou-Durande and R. Troosters, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

—

Declare that, by maintaining in force national provisions under which economically non-active and pensioned EU/EEA nationals must prove that they have lasting means of support in order to obtain a residence permit, the Kingdom of the Netherlands has failed to fulfil its obligations under Council Directive 90/364/EEC (1) of 28 June 1990 on the right of residence, Council Directive 90/365/EEC (2) of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity and Council Directive 68/360/EEC (3) of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families;

—

order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

The requirement in the Netherlands rules that in order to obtain a residence permit a person must have sufficient means for a minimum period of one year is not in conformity with Community law.

(1)  OJ 1990 L 180, p. 26.

(2)  OJ 1990 L 180, p. 28.

(3)  OJ, English Special Edition 1968(II), p. 485.

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