Report for the Hearing in Case C-68/89

I — Summary of the facts

A — Legal background

(a) Community law

1. Pursuant to Article 3(c) of the EEC Treaty, the activities of the Community are to include, as provided in the Treaty and in accordance with the timetable set out in it, the abolition as between Member States of obstacles to freedom of movement for persons, services and capital.

(b) National law

2. Aliens' right of entry and frontier supervision are governed in the Netherlands by the Vreemdelingenwet (Law on aliens) of 13 January 1965. Detailed provisions under that Law were laid down by the Vreemdelingenbesluit (Aliens Order) of 19 September 1966, Article 23 of which provides :

B — Background to the dispute

3. The Netherlands legislation on aliens' right of entry and frontier supervision came to the Commission's notice following a complaint lodged by a German national, Mr Hoffmann, who, on 9 March 1984, en route for Antwerp, was denied entry to Netherlands territory at the Aken/Heerlen frontier post. Two Netherlands officials questioned him about the purpose of his journey. They also asked him how much cash he had with him. After first contending that he was under no obligation to answer that question, Mr Hoffmann then declared that he had DM 5 in his possession. He was then denied access to the Netherlands and was ordered to return to Germany.

4. Considering that legislation to be contrary to Community law, the Commission, by letter of 21 September 1987, called on the Netherlands Government to submit its observations on the matter within a period of two months, pursuant to Article 169 of the EEC Treaty. In its answer of 3 December 1987, the permanent representation of the Netherlands denied that it had in any way infringed the Treaty.

II — Written procedure and forms of order sought by the parties

5. The Commission's application was received at the Court Registry on 6 March 1989.

III — Pleas in law and arguments of the parties

6. The Commission states first that in the present case the infringement of the EEC Treaty of which the Netherlands is accused relates exclusively to controls applied to nationals of a Member State at the Netherlands border for reasons other than those of public policy, public security and public health. The checking of luggage or other goods is likewise not at issue in these proceedings. Furthermore, the present action concerns only the right to enter and spend time in a Member State but not the right to reside there.

7. The Netherlands Government, supported by the United Kingdom, considers that the Commission's application should be dismissed.

1 Language of the case: Dutch.