(Case C‑104/08)

Articles 92(1) and 104(3) of the Rules of Procedure – Fundamental freedoms – Charter of Fundamental Rights of the European Union – National legislation requiring the possession of a diploma for the issue of a permit to operate a driving school – Discrimination against own nationals as compared to nationals of other Member States

Re:

Reference for a preliminary ruling – Unabhängiger Verwaltungssenat des Landes Oberösterreich – Interpretation of the fundamental principles of the EC and EU Treaties and the fundamental freedoms thereunder, as well as Articles 16 and 20 of the Charter of Fundamental Rights of the European Union – National legislation establishing a permit system for establishing, operating and managing a driving school and establishing a diploma requirement – Discrimination against own nationals as compared to nationals of other Member States who avail themselves of their rights under Community law and who do not necessarily have to satisfy the diploma requirement.

Operative part

1.Articles 23 EC, 43 EC and 49 EC do not preclude legislation of a Member State which, in a situation such as that at issue in the main proceedings, refuses to recognise professional qualifications acquired by a national of that Member State as equivalent to the possession of the diploma required by that legislation for the purposes of operating a driving school as an independent operator in that Member State.

2.The Court of Justice of the European Communities clearly has no jurisdiction to answer the second and third questions referred by the Unabhängiger Verwaltungssenat des Landes Oberösterreich.