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Case C-103/08: Judgment of the Court (First Chamber) of 1 October 2009 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Vorarlberg — Austria) — Arthur Gottwald v Bezirkshauptmannschaft Bregenz (Freedom of movement for persons — Citizenship of the Union — Article 12 EC — Issue of an annual toll disc in respect of a motor vehicle free of charge to disabled persons — Provisions restricting the issue of that disc to disabled persons resident or ordinarily resident in national territory)
ECLI:EU:UNKNOWN:62008CA0103
62008CA0103
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21.11.2009
Official Journal of the European Union
C 282/8
(Case C-103/08)
(Freedom of movement for persons - Citizenship of the Union - Article 12 EC - Issue of an annual toll disc in respect of a motor vehicle free of charge to disabled persons - Provisions restricting the issue of that disc to disabled persons resident or ordinarily resident in national territory)
2009/C 282/13
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Arthur Gottwald
Defendant: Bezirkshauptmannschaft Bregenz
Re:
Reference for a preliminary ruling — Unabhängiger Verwaltungssenat des Landes Vorarlberg (Austria) — Interpretation of Article 12 of the EC Treaty — Discrimination on grounds of nationality — National legislation under which a toll disc made available free of charge to disabled persons is granted only to persons resident or ordinarily resident in national territory.
Operative part of the judgment
Article 12 EC must be interpreted as meaning that it does not preclude a national rule, such as that at issue in the main proceedings, which restricts the issue of an annual toll disc free of charge to those disabled persons who are resident or ordinarily resident in the territory of the Member State concerned, including also those persons who regularly travel to that State for professional or personal reasons.
(<span class="super">1</span>) OJ C 142, 7.6.2008.