Lynne Watson and Alessandro Belmann. [1976] EUECJ R-118/75 (7 July 1976)

Lynne Watson and Alessandro Belmann. [1976] EUECJ R-118/75 (7 July 1976)

National regulations requiring reporting by foreign nationals and hosts are in principle compatible with Articles 48-66 EEC Treaty, provided the reporting period is reasonable and penalties are not disproportionate or include deportation. Such rules do not constitute discrimination under Article 7 if they do not restrict freedom of movement.

Citation
[1976] EUECJ R-118/75
Parties
Defendant: Lynne Watson; Defendant: Alessandro Belmann
Jurisdiction
European Union
Judgment Date
07 July 1976
Procedural Posture
Reference for a Preliminary Ruling / Preliminary Ruling
Outcome
Preliminary ruling issued; national court to decide costs.
Legal Topics
Discrimination on Grounds of Nationality, Freedom of Movement, Reporting Obligations for Foreign Nationals, Compatibility of National Law With EU Law
European Union Law Free Movement of Persons Discrimination on Grounds of Nationality Freedom of Movement Reporting Obligations for Foreign Nationals Compatibility of National Law With EU Law

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Parties

Lynne Watson

Defendant

Alessandro Belmann

Defendant

Procedural Posture

Reference for a Preliminary Ruling / Preliminary Ruling

Legal Issues

  1. 1 Whether Italian reporting requirements for foreign nationals and hosts are contrary to Articles 7 and 48-66 EEC Treaty
  2. 2 Whether such requirements constitute discrimination or restrict freedom of movement under Community law
  3. 3 Whether Community law confers individual rights and takes precedence over conflicting national law

Ratio Decidendi

National regulations requiring reporting by foreign nationals and hosts are in principle compatible with Articles 48-66 EEC Treaty, provided the reporting period is reasonable and penalties are not disproportionate or include deportation. Such rules do not constitute discrimination under Article 7 if they do not restrict freedom of movement.

Court Disposition

Preliminary ruling issued; national court to decide costs.

Orders

  • Articles 48-66 EEC Treaty confer individual rights, take precedence over conflicting national law, and must be protected by national courts.
  • National regulations requiring reporting by foreign nationals and hosts are compatible with Community law if the period is reasonable and penalties are not disproportionate or include deportation.