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Case C-23/21: Order of the Court (Sixth Chamber) of 23 September 2021 (request for a preliminary ruling from the Gericht Erster Instanz Eupen — Belgium) — IO v Wallonische Region (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 49 TFEU — Freedom of establishment — Road traffic — Driver resident in one Member State — Vehicle registered in another Member State — Vehicle made available to the partner and manager of an undertaking established in that other Member State — Registration obligation in the first Member State)
ECLI:EU:UNKNOWN:62021CB0023
62021CB0023
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Official Journal of the European Union
C 513/14
(Case C-23/21)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Article 49 TFEU - Freedom of establishment - Road traffic - Driver resident in one Member State - Vehicle registered in another Member State - Vehicle made available to the partner and manager of an undertaking established in that other Member State - Registration obligation in the first Member State)
(2021/C 513/21)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: IO
Defendant: Wallonische Region
Operative part of the order
1.Article 49 TFEU must be interpreted as precluding legislation of a Member State pursuant to which a manager of an undertaking or a freelancer, resident in that Member State, may rely on an exception to the obligation to register, in that Member State, a vehicle registered in another Member State and made available to him or her by an undertaking, with or without legal personality, established in that other Member State, only if the documents attesting that the person in question meets the conditions for the exception are at all times carried in that vehicle.
2.Article 49 TFEU must be interpreted as precluding legislation of a Member State which requires a partner and manager of an undertaking, resident in that Member State, who does not receive a salary or income from that undertaking, established in another Member State, to register a vehicle made available to him or her by the undertaking, without having the possibility of proving the role he or she has within the undertaking, provided that that vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor in fact used in that manner.
(1) OJ C 128, 12.4.2021.