Official Journal of the European Union

C 317/19

(Case C-443/10)

()

2010/C 317/34

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Philippe Bonnarde

Defendant: Agence de services et de paiement

Questions referred

1.Are the provisions of European Union law, in particular those of the Treaty on the Functioning of the European Union intended to ensure freedom of movement, and those of the abovementioned directives concerning vehicle registration documents, to be interpreted as precluding a Member State’s legislation from introducing, for the registration of vehicles, a specific document, such as a vehicle registration document on which must be stated ‘demonstration vehicle’, which could be regarded as not intended to constitute temporary registration within the meaning of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, amended by Directive 2003/127/EC, and consequently as precluding the grant of an advantage from being linked to production of such a document?

2.If the answer to the first question is in the negative, do those provisions imply that, where a vehicle is purchased in another Member State, national legislation making the grant of a subsidy for the purchase of clean vehicles which have already been registered subject to the condition that the registration certificate bear, by virtue of the legislation of the Member State, the statement ‘demonstration vehicle’ must be disapplied, where the seller of the vehicle has not himself been able to benefit from that subsidy and where:

—either the purchaser produces a vehicle registration document issued in the other Member State and specific to vehicles intended for use for the purposes of demonstration,

—or the vehicle has the characteristics, relating in particular to the date of its first entry into service, required by national legislation for it to be classified as a demonstration vehicle?

Language of the case: French

(1) OJ L 138, p. 57.

(2) Commission Directive of 23 December 2003, amending Council Directive 1999/37/EC on the registration documents for vehicles (OJ 2004 L 10, p. 29).