Criminal proceedings against Lothar Messner. [1989] EUECJ R-265/88 (12 December 1989)

Criminal proceedings against Lothar Messner. [1989] EUECJ R-265/88 (12 December 1989)

A requirement to declare residence within three days of entry, subject to penal sanctions, is incompatible with Community law on free movement of persons because the time limit is unreasonably short and the penalties are disproportionate, thus constituting an obstacle to free movement.

Citation
[1989] EUECJ R-265/88
Parties
Defendant: Lothar Messner; Referring Court: Pretura di Volterra
Jurisdiction
European Union
Judgment Date
12 December 1989
Procedural Posture
Preliminary Ruling (article 177 Eec) / Preliminary Reference From National Court
Outcome
Incompatible with Community law; declaration of residence requirement within three days, subject to penal sanction, is unlawful.
Legal Topics
Free Movement of Persons, Residence Formalities, Penal Sanctions, Compatibility With Community Law
European Union Law Criminal Law Free Movement of Persons Residence Formalities Penal Sanctions Compatibility With Community Law

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Parties

Lothar Messner

Defendant

Pretura di Volterra

Referring Court

Procedural Posture

Preliminary Ruling (article 177 Eec) / Preliminary Reference From National Court

Legal Issues

  1. 1 Whether a Member State may lawfully require nationals of other Member States to make a declaration of residence within three days of entry, subject to criminal penalties, under Community law on free movement of persons.

Ratio Decidendi

A requirement to declare residence within three days of entry, subject to penal sanctions, is incompatible with Community law on free movement of persons because the time limit is unreasonably short and the penalties are disproportionate, thus constituting an obstacle to free movement.

Court Disposition

Incompatible with Community law; declaration of residence requirement within three days, subject to penal sanction, is unlawful.

Orders

  • It is incompatible with Community law for a Member State to impose on nationals of other Member States exercising their right to freedom of movement the obligation, subject to a penal sanction for failure to comply, to make a declaration of residence within three days of entering that State's territory.