Keywords
Summary

Keywords

1 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Prohibition - Scope - National provision requiring foreigners bringing legal proceedings to give security for costs - Included - Condition

(EC Treaty, Art. 6, first para.)

2 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Prohibition - National provision requiring foreigners bringing legal proceedings to give security for costs - Application in proceedings connected with the exercise of one of the fundamental freedoms guaranteed by the Treaty - Not permissible

(EC Treaty, Art. 6, first para.)

Summary

3 A rule of civil procedure of one Member State, such as one requiring nationals and legal persons of another Member State to provide security for costs when they wish to sue a resident of the former State or a company established there, falls within the scope of the Treaty within the meaning of the first paragraph of Article 6 and is subject to the general principle of non-discrimination laid down by that article in so far as it has an effect, even though indirect, on trade in goods and services between Member States. Such an effect is liable to arise in particular where security for costs is required where proceedings are brought to recover payment for the supply of goods.

4 The first paragraph of Article 6 of the EC Treaty must be interpreted as precluding a Member State from requiring security for costs to be furnished by a national of another Member State who has brought an action in one of its civil courts against one of its nationals where that requirement may not be imposed on its own nationals who have neither assets nor a residence in that country, in a situation where the action is connected with the exercise of fundamental freedoms guaranteed by Community law.