EuGH · C-398/06

Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil obligations – Infringement of the Community rules on the residence of citizens of the Union – National legislation and administrative practice requiring that, in order to obtain a residence permit, non‑active and pensioned persons must have adequate personal resources. Operative part Operative part The Court: 1. Declares that, by maintaining in force national provisions under which, in order to obtain a residence permit, nationals of the European Union and of the European Economic Area who are non-active and retired must prove that they have sustainable resources, the Kingdom of the Netherlands has failed to fulfil its obligations under Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Council Directive 90/364/EEC of 28 June 1990 on the right of residence and Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity; 2. Orders the Kingdom of the Netherlands to pay the costs; 3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.