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Judgment of the Court (Third Chamber) of 24 April 2008.#Commission of the European Communities v Grand Duchy of Luxemburg.#Failure of a Member State to fulfil obligations - Article 28 EC - Registration of second-hand vehicles previously registered in other Member States - Requirement of an excerpt from the commercial register or a comparable document proving that the seller of the vehicle is registered as a dealer - Exemption from the requirement to submit invoices or other documents showing transfer of ownership by previous owners.#Case C-286/07.
ECLI:EU:C:2008:251
62007CJ0286
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(Case C‑286/07)
Failure of a Member State to fulfil obligations – Article 28 EC – Registration of second-hand vehicles previously registered in other Member States – Requirement of an excerpt from the commercial register or a comparable document proving that the seller of the vehicle is registered as a dealer – Exemption from the requirement to submit invoices or other documents showing transfer of ownership by previous owners
Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 26, 28, 32, 35, 38-39, 43, 46-48, operative part)
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 28 EC –National rule making the registration of second-hand vehicles which have previously been registered in another Member State subject to the submission of an excerpt from the entry on the commercial register of the vehicle’s seller, whereas vehicles previously registered in Luxembourg are not subject to such a requirement – Obstacle to the free movement of goods – Lack of justification and proportionality.
Operative part
The Court:
1.Declares that, by requiring, in accordance with the practice in issue, for the purposes of the registration of vehicles in Luxembourg, the submission of an excerpt from the commercial register or a comparable document proving that the seller of the vehicle is registered as a dealer, except for dealers on the register of the Société Nationale de Contrôle Technique, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 28 EC;
2.Orders the Grand Duchy of Luxembourg to pay the costs.