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Skanavi v Chryssanthakopoulos [1996]
June 9, 2007 | Leave a Comment
The early history of the interpretation of the EU citizenship provisions in the ECJ did not seem encouraging.
In the case Skanavi v Chryssanthakopoulos (the first judgment discussing citizenship), in a reference for a preliminary ruling, the Amtsgericht Tiergarten Berlin asked, inter alia, whether article 18 (1) EC was incompatible with a provision of national legislation requiring the exchange of a national driving license issued by another Member State for a German driving license within a year of the holder’s taking up residence in Germany.
The Court’s sole word on the effect of the article was that:
“it sets out generally the right of every citizen of the Union to move and reside freely within the territory of the Member State”, and significantly, that it “finds specific expression in article 52 of the Treaty”.
The ECJ refused to discuss the application of article 18, which was considered to be residual and apparently secondary to the more specific right of establishment, laid down in article 52 EC Treaty. In other words, it only became meaningful when a citizen exercised existing rights to free movement rooted elsewhere in the Treaty.
Text of the ECJ judgment
Text of the AG opinion