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| NEWS |
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| | European Court of Justice judgment C-542/09 Commission v Netherlands (Freedom of movement for persons): | |
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| | | First Transmission: | 14/06/2012 | | |
| Duration: | 00:01:52 | End of Production: | 14/06/2012 | Ref: | 85815 |
| Location: | Luxembourg (town), Luxembourg - Court of Justice of the EC |
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The Netherlands legislation making funding for studies abroad subject to a residence requirement gives rise to inequality of treatment between Netherlands workers and migrant workers
The Netherlands has not proved that the ‘3 out of 6 years’ residence requirement does not go beyond what is necessary to attain the objective of promoting student mobility.
According to the Court, the Netherlands should at least have shown why they opted for the ‘3 out of 6 years’ rule, prioritising length of residence to the exclusion of all other representative elements. By requiring specific periods of residence in the territory of the Member State concerned, the ‘3 out of 6 years’ rule accords most importance to an element which is not necessarily the sole element representative of the actual degree of attachment between the concerned party and that Member State. In consequence, the Court holds that the Netherlands has failed to establish that the residence requirement does not go beyond what is necessary to attain the objective sought by that legislation.
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| Only the original language version is authentic and it prevails in the event of its differing from the translated versions. |
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| To view the PDF version of this document click here |
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| Cutaway of the court room (2 shots) |
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| Arrival of the judges of the Court of Justice of the EU |
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| Marko Ilešič, Judge at the Court of Justice reads the judgment in the case European Court of Justice judgment C-542/09 Commission v Netherlands (Freedom of movement for persons) (In Dutch) |
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| General view of the court room (2 shots) |
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| 00:01:52 |
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| Credit : © European Union, 2013 |
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