EN

Official Journal of the European Union

C 297/31

(Case C-274/20)

(2020/C 297/42)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: GN and WX

Defendant: Prefettura di Massa Carrara — Ufficio Territoriale del Governo di Massa Carrara

Questions referred

1.Is the concept of the prohibition of ‘discrimination on grounds of nationality’ under Article 18 TFEU to be interpreted as meaning that Member States are prohibited from enacting any legislation that could, indirectly, covertly and/or materially, cause difficulties for nationals of other Member States?

2.If the first question is answered in the affirmative, could Article 93(1-bis) of the Codice della Strada (Italian Highway Code), concerning the prohibition of driving with foreign number plates (registered in anybody’s name) after 60 days of residence in Italy, cause difficulties for nationals of other Member States (who own cars with foreign number plates) and consequently be discriminatory on grounds of nationality?

3.Are the following concepts:

a.‘right to move and reside freely within the territory of the Member States’, as referred to in Article 21 TFEU;

b.‘internal market’ which ‘shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties’, as referred to in Article 26 TFEU;

c.‘freedom of movement for workers shall be secured within the Union’, as referred to in Article 45 TFEU;

d.‘restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited’, as referred to in Articles 49 to 55 TFEU; [and]

e.‘restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended’, as referred to in Articles 56 to 62 TFEU

to be interpreted as meaning that national provisions that could, indirectly, covertly and/or materially, limit or hinder the ability of European citizens to exercise the right of freedom of movement and residence within the territory of the Member States, the right of freedom of movement for workers within the Union, freedom of establishment and the freedom to provide services, or in any way affect those rights, are also prohibited?

4.If the third question is answered in the affirmative, could Article 93(1-bis) of the Italian Highway Code, concerning the prohibition of driving with foreign number plates (registered in anybody’s name) after 60 days of residence in Italy, limit, hinder or in any way affect the exercise of the right of freedom of movement and residence in the territory of the Member States, the right of freedom of movement for workers within the Union, freedom of establishment and the freedom to provide services?