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Case C-274/20: Judgment of the Court (Sixth Chamber) of 16 December 2021 (request for a preliminary ruling from the Giudice di pace di Massa — Italy) — GN, WX v Prefettura di Massa Carrara — Ufficio Territoriale del Governo di Massa Carrara (Reference for a preliminary ruling — Article 63 TFEU — Free movement of capital — Road traffic — Registration and taxation of motor vehicles — Driver residing in a Member State — Vehicle registered in another Member State — Vehicle provided free of charge for a short period — National legislation prohibiting persons who have resided in Italy for more than 60 days from driving in that Member State a vehicle registered in another country)
ECLI:EU:UNKNOWN:62020CA0274
62020CA0274
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Official Journal of the European Union
C 84/15
(Case C-274/20) (*)
(Reference for a preliminary ruling - Article 63 TFEU - Free movement of capital - Road traffic - Registration and taxation of motor vehicles - Driver residing in a Member State - Vehicle registered in another Member State - Vehicle provided free of charge for a short period - National legislation prohibiting persons who have resided in Italy for more than 60 days from driving in that Member State a vehicle registered in another country)
(2022/C 84/16)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: GN, WX
Defendant: Prefettura di Massa Carrara — Ufficio Territoriale del Governo di Massa Carrara
Operative part of the judgment
Article 63(1) TFEU must be interpreted as precluding legislation of a Member State which prohibits any person who has established his or her residence in that Member State for more than 60 days from driving in that Member State a motor vehicle registered in another Member State, irrespective of the person in whose name that vehicle is registered, without any account being taken of the duration of the use of that vehicle in the first Member State and without the person concerned being able to invoke any right to exemption where that same vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor is, in fact, used in that manner.
(*) Language of the case: Italian.