# C_2015096EN.01000301.xml

| 23.3.2015 | EN | Official Journal of the European Union | C 96/3 |
| --- | --- | --- | --- |

23.3.2015

EN

Official Journal of the European Union

C 96/3

---

Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 18 December 2014 — Benjámin Dávid Nagy v Vas Megyei Rendőr-főkapitányság

(Case C-583/14)

(2015/C 096/04)

Language of the case: Hungarian

Referring court

Referring court

Szombathelyi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Parties to the main proceedings

Applicant: Benjámin Dávid Nagy

Applicant:

Defendant: Vas Megyei Rendőr-főkapitányság

Defendant:

Questions referred

Questions referred

| 1. | Should Article 18 TFEU be interpreted as precluding a provision of the law of a Member State such as that figuring in the main proceedings according to which, as a rule, only vehicles that have administrative authorisation and registration plates granted by the authorities of that Member State may be used on the roads in the Member State, and a person resident in the Member State who is not a worker within the meaning of EU law and who seeks exemption from that provision on the grounds that he is using a vehicle made available to him by an undertaking established in another Member State is required to prove on the spot the lawfulness of its use under the law of the Member State concerned, during a police inspection, on pain of an immediate fine from which no exemption is possible, the amount of which is equivalent to the fine that may be imposed for failure to register the vehicle? |
| --- | --- |

1.

Should Article 18 TFEU be interpreted as precluding a provision of the law of a Member State such as that figuring in the main proceedings according to which, as a rule, only vehicles that have administrative authorisation and registration plates granted by the authorities of that Member State may be used on the roads in the Member State, and a person resident in the Member State who is not a worker within the meaning of EU law and who seeks exemption from that provision on the grounds that he is using a vehicle made available to him by an undertaking established in another Member State is required to prove on the spot the lawfulness of its use under the law of the Member State concerned, during a police inspection, on pain of an immediate fine from which no exemption is possible, the amount of which is equivalent to the fine that may be imposed for failure to register the vehicle?

| 2. | Should Article 20(2)(a) TFEU be interpreted as precluding a provision of the law of a Member State such as that figuring in the main proceedings according to which, as a rule, only vehicles that have administrative authorisation and registration plates granted by the authorities of that Member State may be used on the roads in the Member State, and a person resident in the Member State who is not a worker within the meaning of EU law and who seeks exemption from that provision on the grounds that he is using a vehicle made available to him by an undertaking established in another Member State is required to prove on the spot the lawfulness of its use under the law of the Member State concerned, during a police inspection, on pain of an immediate fine from which no exemption is possible, the amount of which is equivalent to the fine that may be imposed for failure to register the vehicle? |
| --- | --- |

2.

Should Article 20(2)(a) TFEU be interpreted as precluding a provision of the law of a Member State such as that figuring in the main proceedings according to which, as a rule, only vehicles that have administrative authorisation and registration plates granted by the authorities of that Member State may be used on the roads in the Member State, and a person resident in the Member State who is not a worker within the meaning of EU law and who seeks exemption from that provision on the grounds that he is using a vehicle made available to him by an undertaking established in another Member State is required to prove on the spot the lawfulness of its use under the law of the Member State concerned, during a police inspection, on pain of an immediate fine from which no exemption is possible, the amount of which is equivalent to the fine that may be imposed for failure to register the vehicle?

---