Commission v Germany (European citizenship) [2007] EUECJ C-152/05 French Text (28 June 2007)

Commission v Germany (European citizenship) [2007] EUECJ C-152/05 French Text (28 June 2007)

The exclusion of non-residents fully liable to German income tax from the housing subsidy, solely because the property is not located in Germany, constitutes indirect discrimination and an unjustified restriction on the free movement of workers and freedom of establishment under Articles 39 and 43 EC. The legitimate...

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Citation
[2007] EUECJ C-152/05 French Text
Parties
Applicant: Commission des Communautés européennes; Respondent: République fédérale d'Allemagne
Jurisdiction
European Union
Procedural Posture
Infringement Proceedings / Opinion of Advocate General
Outcome
Found infringement of Articles 39 and 43 EC by Germany; costs awarded against Germany.
Legal Topics
Free Movement of Persons, Free Movement of Workers, Freedom of Establishment, State Aid, Tax Discrimination, Housing Subsidies
European Union Law Tax Law Constitutional Law Free Movement of Persons Free Movement of Workers Freedom of Establishment State Aid Tax Discrimination +1 more

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Parties

Commission des Communautés européennes

Applicant

République fédérale d'Allemagne

Respondent

Procedural Posture

Infringement Proceedings / Opinion of Advocate General

  1. 1 Whether German law restricting housing subsidies to properties located in Germany violates Articles 39 and 43 EC (free movement of workers and freedom of establishment)
  2. 2 Whether such restriction constitutes indirect discrimination against non-residents fully liable to German income tax
  3. 3 Whether the restriction can be justified by overriding reasons of general interest

Ratio Decidendi

The exclusion of non-residents fully liable to German income tax from the housing subsidy, solely because the property is not located in Germany, constitutes indirect discrimination and an unjustified restriction on the free movement of workers and freedom of establishment under Articles 39 and 43 EC. The legitimate aim of ensuring sufficient housing stock in Germany could be achieved by less restrictive means, and the measure is disproportionate.

Court Disposition

Found infringement of Articles 39 and 43 EC by Germany; costs awarded against Germany.

Orders

  • Declare that by excluding properties located in other Member States from the benefit of the housing subsidy for persons fully liable to German income tax, Germany has failed to fulfill its obligations under Articles 39 and 43 EC.
  • Order Germany to pay the costs.