Official Journal of the European Union

C 142/9

(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 owner(s))

(2008/C 142/14)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: B. Stromsky, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent, and P. Kinsch, avocat)

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 of the judgment

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 the 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.

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(<span class="super">1</span>) OJ C 211, 8.9.2007.