Official Journal of the European Union

C 19/10

(Case C-364/08)

(First subparagraph of Article 104(3) of the Rules of Procedure - Freedom of establishment - Article 43 EC - Freedom to provide services - Article 49 EC - Motor vehicles - Use by a person residing in a Member State of a motor vehicle registered in another Member State - Taxation of that vehicle in the first Member State)

(2009/C 19/17)

Language of the case: French

Referring court

Parties

Applicant: Marc Vandermeir

Defendant: État belge — SPF Finances

Re:

Reference for a preliminary ruling — Tribunal de Première Instance d'Arlon — Interpretation of Article 43 and/or Article 49 EC — National provision of a Member State which requires a self-employed worker residing in that State to register his vehicle there which is already registered in another Member State in which he exercises his independent professional activity — Restriction on the freedom of establishment and/or to provide services

Operative part

Articles 43 EC and 49 EC must be interpreted as prohibiting national legislation of a Member State, such as that at issue in the main proceedings, according to which a self-employed worker residing in that Member State is required to register there a vehicle leased from a company established in another Member State, when it is not intended that that vehicle should be used primarily in the first Member State on a permanent basis and it is not, in fact, used in that manner.

(<span class="super">1</span>) OJ C 260, 11.10.2008.