# C_2012355EN.01000502.xml

| 17.11.2012 | EN | Official Journal of the European Union | C 355/5 |
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17.11.2012

EN

Official Journal of the European Union

C 355/5

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Judgment of the Court (Second Chamber) of 6 September 2012 — European Commission v Kingdom of Belgium

(Case C-150/11) (1)

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(Failure of a Member State to fulfil obligations - Directive 1999/37/EC - Registration documents for vehicles - Vehicles previously registered in another Member State - Change of ownership - Requirement of a roadworthiness test - Requirement of production of a certificate of conformity - Roadworthiness test carried out in another Member State - Non-recognition - Lack of justification)

2012/C 355/07

Language of the case: French

Parties

Parties

Applicant: European Commission (represented by: O. Beynet and A. Marghelis, acting as Agents)

Applicant:

Defendant: Kingdom of Belgium (represented by: T. Materne and J.-C. Halleux, acting as Agents, and by F. Libert and S. Rodrigues, avocats)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 34 TFEU and of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ 1999 L 138, p. 57) — National legislation requiring the production of a certificate of conformity of a vehicle for the purpose of a roadworthiness test prior to the registration of a vehicle which was previously registered in another Member State — Non-recognition of the results of the roadworthiness tests carried out in other Member States — Restriction on the free movement of goods — Absence of justifications

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by requiring systematically, in addition to production of a certificate of registration, production of a vehicle’s certificate of conformity, for the purpose of a roadworthiness test prior to the registration of a vehicle previously registered in another Member State, and by making such vehicles, when there is a change of ownership, subject to a roadworthiness test prior to their registration, without taking into account the results of the roadworthiness test carried out in another Member State, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, as amended by Council Directive 2006/103/EC of 20 November 2006, and under Article 34 TFEU; |
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1.

Declares that, by requiring systematically, in addition to production of a certificate of registration, production of a vehicle’s certificate of conformity, for the purpose of a roadworthiness test prior to the registration of a vehicle previously registered in another Member State, and by making such vehicles, when there is a change of ownership, subject to a roadworthiness test prior to their registration, without taking into account the results of the roadworthiness test carried out in another Member State, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, as amended by Council Directive 2006/103/EC of 20 November 2006, and under Article 34 TFEU;

| 2. | Orders the Kingdom of Belgium to pay the costs. |
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2.

Orders the Kingdom of Belgium to pay the costs.

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(1)  OJ C 160, 28.5.2011.

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