Source: All England Reporter
Publisher Citation: [2012] All ER (D) 47 (Oct)
Court: Court of Justice of the European Union (Second Chamber)

Judges Cunha Rodrigues, President of the Chamber, Lõhmus, Ó Caoimh (Rapporteur), Arabadjiev, Fernlund Advocate General: Mengozzi

Judgment Dates: 4 October 2012


European Union - Freedom of movement - Persons - Applicant being prohibited from leaving Bulgaria under domestic law due to debt - Applicant seeking annulment of order - Domestic court referring questions to Court of Justice of European Union - Whether EU law precluding application of domestic law restricting movement due to debt - Whether EU law allowing reopening of final order only in circumstances exhaustively listed under domestic law.

The Case

European Union Freedom of movement. A Bulgarian national was prohibited from leaving Bulgarian territory under domestic law on account of a debt owed to a legal person. He sought the annulment of the order on the basis of his right to move and reside freely within the European Union. The Court of Justice of the European Union interpreted EU law as precluding a domestic law restricting the freedom of movement solely on the ground a person owed a legal person an unsecured debt exceeding a statutory threshold. However, it was only prohibited in exhaustively listed circumstances under domestic law.

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