CELEX: 62007CJ0524
Failure of a Member State to fulfil obligations
Articles 28 EC and 30 EC
Registration of old used vehicles previously registered in other Member States
Technical requirements with regard to exhaust emissions and noise pollution
Public health
Protection of the environment

Failure of a Member State to fulfil obligations – Infringement of Articles 28 and 30 EC – National rules making the registration
of imported used vehicles previously registered in other Member States contingent upon compliance with certain technical requirements,
although used vehicles already on the national market and having the same characteristics are not subject to such requirements
in cases of re-registration.
Operative part
The Court:
1.      Declares that by requiring, for the purposes of their first registration in Austria, that motor vehicles previously registered
in other Member States which have not undergone, because of their age, a Community type-approval procedure, comply with limit
values in respect of pollutant emissions and noise which are stricter than those they initially had to comply with, in particular,
the values laid down in Council Directive 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of
the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles and
Council Directive 92/97/EEC of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member
States relating to the permissible sound level and the exhaust system of motor vehicles, although vehicles having the same
characteristics and which are already authorised to use the roads in Austria are not subject to that requirement in cases
of their re-registration in that Member State, the Republic of Austria has failed to fulfil its obligations under Article
28 EC
;
2.      Orders the Republic of Austria to pay the costs.