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Law Cases
European Law Cases
Free movement of persons and citizenship of the union Cases

Case C-192/05 Tas-Hagen [2006] ECR I-10451

Country:
United Kingdom
By Oxbridge Law Team
ECJ

  • (NB scope for objective justification): Plaintiffs, two Dutch nationals living in another Member State (MS), sought a financial benefit for civil victims of war.

  • The benefit was refused because it was available to Dutch nationals only if, at the time of requesting the benefit, they reside in the Netherlands.

  • They challenged this condition as incompatible with citizenship of the EU.

ECJ

  • Agreed that the residency requirement was unlawful: It restricted freedom of movement under Article 18 by providing a financial deterrent to leaving the country.

  • The objective of limiting the compensation to those who continued to have a link with their country after the war was a legitimate one, but the residency requirement failed because of proportionality.

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