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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

    JO 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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