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Joined Cases C-162/12 and C-163/12: Judgment of the Court (Third Chamber) of 13 February 2014 (requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio (Italy)) — Airport Shuttle Express scarl (C-162/12), Giovanni Panarisi (C-162/12), Società Cooperativa Autonoleggio Piccola arl (C-163/12) and Gianpaolo Vivani (C-163/12) v Comune di Grottaferrata (Requests for a preliminary ruling — Articles 49 TFEU, 101 TFEU and 102 TFEU — Regulation (EEC) No 2454/92 — Regulation (EC) No 12/98 — Car and driver hire services — National and regional legislation — Authorisation issued by municipalities — Conditions — Purely internal situations — Jurisdiction of the Court — Whether the requests are admissible)
ECLI:EU:UNKNOWN:62012CA0162
62012CA0162
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29.3.2014
Official Journal of the European Union
C 93/5
(Joined Cases C-162/12 and C-163/12) (Requests for a preliminary ruling - Articles 49 TFEU, 101 TFEU and 102 TFEU - Regulation (EEC) No 2454/92 - Regulation (EC) No 12/98 - Car and driver hire services - National and regional legislation - Authorisation issued by municipalities - Conditions - Purely internal situations - Jurisdiction of the Court - Whether the requests are admissible)
2014/C 93/07
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Airport Shuttle Express scarl (C-162/12), Giovanni Panarisi (C-162/12), Società Cooperativa Autonoleggio Piccola arl (C-163/12) and Gianpaolo Vivani (C-163/12)
Defendant: Comune di Grottaferrata
In the presence of: Federnoleggio
Re: Requests for a preliminary ruling — Tribunale amministrativo regionale del Lazio — Interpretation of Articles 26 TFEU, 49 TFEU and 90 TFEU; Article 3 TEU, read in conjunction with Article 4(3) TEU and Articles 3 TFEU, 4 TFEU, 5 TFEU and 6 TFEU; Articles 101 and 102 TFEU; Council Regulation (EEC) No 2454/92 of 23 July 1992 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (OJ 1992 L 251, p. 1); and Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (OJ 1998 L 4, p. 10) — Car and driver hire service — National legislation making the provision of that service conditional upon possession of an authorisation issued by the municipal authorities and requiring anyone holding such an authorisation to have the normal base for their vehicle(s) located in the territory of the municipality which issued the authorisation, and to begin and end the hire in that territory.
Operative part of the judgment
The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio (Italy) for a preliminary ruling, made by decisions of 19 October 2011 and 1 December 2011 in Joined Cases C-162/12 and C-163/12, to the extent that those requests concern the interpretation of Article 49 TFEU. Those requests are inadmissible to the extent that they concern the interpretation of other provisions of EU law.
(1) OJ C 165, 9.6.2012.