Judgment of the Court (Second Chamber) of 26 April 2012 - European Commission v Kingdom of the Netherlands
(Case C-508/10)
(Failure of a Member State to fulfil obligations - Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Application for long-term resident status − Application for a residence permit in a second Member State made by a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family − Amount of the charges levied by the competent authorities - Disproportionate charges − Obstacle to the exercise of the right of residence)
Language of the case: Dutch
Parties
Applicant: European Commission (represented by: M. Condou-Durande and R. Troosters, acting as Agents)
Defendant: Kingdom of the Netherlands (represented by: C. Wissels and J. Langer, acting as Agents)
Intervening party in support of the defendant: Hellenic Republic (represented by: T. Papadopoulou, acting as Agent)
Re:
Failure of a Member State to fulfil obligations - Infringement of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44) - Application for long-term resident status - Administrative charges - Excessive and unfair amounts - Means of hindering the exercise of the right of residence
Operative part of the judgment
The Court:
Declares that, by applying (i) to third-country nationals seeking long-term resident status in the Netherlands, (ii) to those who, having acquired that status in a Member State other than the Kingdom of the Netherlands, are seeking to exercise the right to reside in that Member State, and (iii) to members of their families seeking authorisation to accompany or join them, excessive and disproportionate administrative charges which are liable to create an obstacle to the exercise of the rights conferred by Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;
Orders the Kingdom of the Netherlands to pay the costs;
Orders the Hellenic Republic to bear its own costs.
____________1 - OJ C 30, 29.1.2011.