Case C-192/05 Tas-Hagen [2006] ECR I-10451
Judgement for the case Case C-192/05 Tas-Hagen
Table Of Contents
(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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