# C_2014151EN.01001001.xml

| 19.5.2014 | EN | Official Journal of the European Union | C 151/10 |
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19.5.2014

EN

Official Journal of the European Union

C 151/10

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Request for a preliminary ruling from the Curtea de Apel Brașov (Romania) lodged on 12 February 2014 — Mihai Manea v Instituția Prefectului — județul Brașov — Serviciul public comunitar regim permise de conducere și înmatriculare a vehiculelor

(Case C-76/14)

2014/C 151/12

Language of the case: Romanian

Referring court

Referring court

Curtea de Apel Brașov

Parties to the main proceedings

Parties to the main proceedings

Applicant: Mihai Manea

Applicant:

Defendant: Instituția Prefectului — județul Brașov — Serviciul public comunitar regim permise de conducere și înmatriculare a vehiculelor

Defendant:

Questions referred

Questions referred

| 1. | Having regard to the provisions of Law No 9/2012 and to the purpose of the tax provided for under that law, must Article 110 TFEU be interpreted as precluding a Member State of the European Union from establishing a tax on pollutant emissions applicable to all foreign motor vehicles upon their registration in that Member State, but to national motor-vehicles upon the transfer of ownership of such vehicles, except where such a tax or a similar tax has already been paid? |
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1.

Having regard to the provisions of Law No 9/2012 and to the purpose of the tax provided for under that law, must Article 110 TFEU be interpreted as precluding a Member State of the European Union from establishing a tax on pollutant emissions applicable to all foreign motor vehicles upon their registration in that Member State, but to national motor-vehicles upon the transfer of ownership of such vehicles, except where such a tax or a similar tax has already been paid?

| 2. | Having regard to the provisions of Law No 9/2012 and to the purpose of the tax provided for under that law, must Article 110 TFEU be interpreted as precluding a Member State of the European Union from establishing a tax on pollutant emissions which is applicable, in the case of all foreign motor vehicles, upon their registration in that Member State, but which, in the case of national motor vehicles, is due only upon the transfer of ownership of such vehicles, the result being that a foreign vehicle cannot be used unless the tax is paid, but a national vehicle can be used for an unlimited time without the tax being paid, until the ownership of that vehicle is transferred, if such a transfer takes place? |
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2.

Having regard to the provisions of Law No 9/2012 and to the purpose of the tax provided for under that law, must Article 110 TFEU be interpreted as precluding a Member State of the European Union from establishing a tax on pollutant emissions which is applicable, in the case of all foreign motor vehicles, upon their registration in that Member State, but which, in the case of national motor vehicles, is due only upon the transfer of ownership of such vehicles, the result being that a foreign vehicle cannot be used unless the tax is paid, but a national vehicle can be used for an unlimited time without the tax being paid, until the ownership of that vehicle is transferred, if such a transfer takes place?

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