11.10.2008

Official Journal of the European Union

C 260/11

(Case C-364/08)

(2008/C 260/20)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Marc Vandermeir

Defendant: État Belge — SPF Finances

Question referred

Do Articles 43 and/or 49 EC preclude national legislation of one Member State, such as the legislation in question, which requires a self-employed person residing in that Member State to register his vehicle there, although he carries on business almost exclusively in a second Member State from a fixed establishment that he owns there, and the vehicle is neither intended to be substantially used in the first Member State on a permanent basis, nor is in fact so used?