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Case C-338/09: Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 24 August 2009 — Yellow Cab Verkehrsbetriebs GmbH
ECLI:EU:UNKNOWN:62009CN0338
62009CN0338
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Valentina R., lawyer
21.11.2009
Official Journal of the European Union
C 282/24
(Case C-338/09)
2009/C 282/42
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Yellow Cab Verkehrsbetriebs GmbH
Defendant: Magistrat der Stadt Wien
Questions referred
1. Is it compatible with the freedom of establishment and the freedom to provide services within the meaning of Article 49 et seq. EC and with EU competition law for the purposes of Article 81 et seq. EC for a provision of national law relating to the grant of authorisation to operate a motor vehicle service, and thus to provide public transport, where fixed stopping points are called at regularly in accordance with a timetable, to lay down the following as conditions for such authorisation:
(a) that the EU undertaking making the application must already have a registered office or a branch in the State of the authorising authority before commencing operation of the service and in particular at the time the licence is granted;
(b) that the EU undertaking making the application must already have a registered office or a branch in the State of the authorising authority at the latest from the time operation of the service commences?