Concetta Sagulo, Gennaro Brenca et Addelmadjid Bakhouche. [1977] EUECJ R-8/77 (14 July 1977)

Concetta Sagulo, Gennaro Brenca et Addelmadjid Bakhouche. [1977] EUECJ R-8/77 (14 July 1977)

Member States cannot require Community nationals to obtain general residence permits instead of the special document under Directive 68/360, nor impose penalties for failure to possess such permits. Prior convictions under incompatible national law cannot justify increased penalties. Penalties for failure to possess identity documents must not be disproportionate.

Citation
[1977] EUECJ R-8/77
Parties
Applicant: Concetta Sagulo; Applicant: Gennaro Brenca; Applicant: Addelmadjid Bakhouche
Jurisdiction
European Union
Judgment Date
14 July 1977
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Amtsgericht Reutlingen, Germany
Outcome
Preliminary ruling issued; national law incompatible with Community law to the extent it requires general residence permits or imposes penalties for their absence.
Legal Topics
Freedom of Movement for Workers, Right of Residence, Discrimination on Grounds of Nationality, Residence Permits, Penalties for Non Compliance, Direct Effect of EU Law
European Union Law Criminal Law Immigration Law Freedom of Movement for Workers Right of Residence Discrimination on Grounds of Nationality Residence Permits Penalties for Non Compliance +1 more

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Parties

Concetta Sagulo

Applicant

Gennaro Brenca

Applicant

Addelmadjid Bakhouche

Applicant

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Amtsgericht Reutlingen, Germany

Legal Issues

  1. 1 Whether Member States may require Community nationals to obtain general residence permits instead of the special residence document under Directive 68/360
  2. 2 Whether penalties may be imposed for failure to possess a general residence permit
  3. 3 Whether prior convictions under incompatible national law can justify increased penalties

Ratio Decidendi

Member States cannot require Community nationals to obtain general residence permits instead of the special document under Directive 68/360, nor impose penalties for failure to possess such permits. Prior convictions under incompatible national law cannot justify increased penalties. Penalties for failure to possess identity documents must not be disproportionate.

Court Disposition

Preliminary ruling issued; national law incompatible with Community law to the extent it requires general residence permits or imposes penalties for their absence.

Orders

  • Member States may not require general residence permits from Community nationals instead of the special document under Directive 68/360.
  • Penalties may not be imposed for failure to possess such general permits.