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Case C-302/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 20 June 2012 — X; other party: Minister van Financiën

ECLI:EU:UNKNOWN:62012CN0302

62012CN0302

June 20, 2012
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22.9.2012

Official Journal of the European Union

C 287/18

(Case C-302/12)

2012/C 287/32

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellant: X

Questions referred

1.Is the exercise of powers of taxation by two Member States, in particular the imposition of a registration tax on a motor vehicle, unlimited in circumstances in which a citizen of the European Union lives, according to national laws, in two Member States, and in which that citizen actually uses — in both Member States and on a permanent basis — a motor vehicle that belongs to her?

2.If the first question is answered in the negative, can the principle of proportionality in the context of the imposition of a registration tax in a case such as this have a corrective effect, and, if so, does that principle then have the effect that one or both of the Member States is/are required to restrict the exercise of their powers of taxation, and how should any such restriction be manifested?

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