CJEU Case C-300/04 / Judgment

M. G. Eman and O. B. Sevinger v College van burgemeester en wethouders van Den Haag
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Grand Chamber)
Type
Decision
Decision date
12/06/2006
ECLI (European case law identifier)
ECLI:EU:C:2006:545

No direct reference to Charter articles, but important Case Law regarding applicability of the Charter

 

  • CJEU Case C-300/04 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling from the Raad van State (European Parliament – Elections – Right to vote – Requirements of residence in the Netherlands for Netherlands citizens of Aruba – Citizenship of the Union)

    Outcome of the case:

    On those grounds, the Court (Grand Chamber) hereby rules:

    1. Persons who possess the nationality of a Member State and who reside or live in a territory which is one of the overseas countries and territories referred to in Article 299(3) EC may rely on the rights conferred on citizens of the Union in Part Two of the EC Treaty.
    2. While, in the current state of Community law, there is nothing which precludes the Member States from defining, in compliance with Community law, the conditions of the right to vote and to stand as a candidate in elections to the European Parliament by reference to the criterion of residence in the territory in which the elections are held, the principle of equal treatment prevents, however, the criteria chosen from resulting in the different treatment of nationals who are in comparable situations, unless that difference in treatment is objectively justified.
    3. It is for the national law of each Member State to determine the rules allowing legal redress (rechtsherstel) for a person who, because of a national provision that is contrary to Community law, has not been entered on the electoral register for the election of the members of the European Parliament of 10 June 2004 and has therefore been excluded from participation in those elections. Those remedies, which may include compensation for the loss caused by the infringement of Community law for which the State may be held responsible, must comply with the principles of equivalence and effectiveness.
  • Relevance of Charter

    No direct reference to Charter articles, but important Case Law regarding applicability of the Charter