Action brought on 18 December 2009 - Commission of the European Communities v Kingdom of the Netherlands

(Case C-542/09)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: G. Rozet and M. van Beek, acting as Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

Declare that, by requiring that migrant workers and family members for whom they still provide must fulfil a residence requirement (the "3 out of 6 rule") in order to be eligible under the WSF ¹ for the funding of educational studies abroad, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 45 TFEU and Article 7(2) of Regulation (EEC) No 1612/68; ²

order Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

As the Netherlands has still not adopted all the measures necessary to put an end to the residence requirement (the "3 out of 6 rule"), which migrant workers and family members for whom they still provide must fulfil in order to be eligible under the WSF for the funding of educational studies abroad, the Commission draws the conclusion that the Netherlands has failed to fulfil its obligations under Article 45 TFEU and Regulation No 1612/68.

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¹ - Wet Studiefinanciering 2000 (Law on funding for studies).

² - Council Regulation of 15 October 1968 on freedom of movement for workers within the Community (OJ L 257, p. 2).