May
31
Tas Hagen [2006]
May 31, 2007 | Leave a Comment
The most recent case concerning EU Citizenship is Tas Hagen and Tas. In this case, two Dutch nationals living in another Member State seek a financial benefit for civil victims of war. The benefit is refused because it is available to Dutch nationals only if, at the time of requesting the benefit, they reside in the Netherlands.
They both challenged the refusal before the Dutch courts on the ground that the condition of residence in the Netherlands at the time of the applications is contrary to the Treaty provisions on EU citizenship. The Dutch court then referred to the ECJ with the following question: Is the Dutch residence requirement acceptable under EC law?
The ECJ held that the Dutch residence requirement was contrary to EC law. It held also that national legislation which places at a disadvantage certain of the nationals of the Member State concerned simply because they have exercised their freedom to move and to reside in another Member State is a restriction on the freedoms conferred by Article 18(1) EC Treaty on every citizen of the European Union.
Text of the ECJ judgment
Text of the AG opinion