CJEU - C 145/04 / Judgment Kingdom of Spain v United Kingdom of Great Britain and Northern Ireland

Key facts of the case:
 
This case was an action brought by Spain seeking a declaration that, by enacting the European Parliament (Representation) Act 2003 (‘the EPRA 2003’), the United Kingdom was in breach of its obligations under the EC Treaty in particular relating to the right to vote in European Parliamentary elections in Gibraltar. The UK had adopted a law which provided that Commonwealth citizens resident in Gibraltar who are not Community nationals have the right to vote and to stand as a candidate in elections to the European Parliament. 
 
Results (sanctions) and key consequences of the case:
 
The ECJ dismissed the claim by Spain.
Paragraphs referring to EU Charter: 

 

78. the definition of the persons entitled to vote and to stand as a candidate in elections to the European Parliament falls within the competence of each Member State in compliance with Community law.” The EC Treaty provisions did not “preclude the Member States from granting that right to vote and to stand as a candidate to certain persons who have close links to them, other than their own nationals or citizens of the Union resident in their territory.