# C_2006131EN.01000302.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 131/3 |
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3.6.2006

EN

Official Journal of the European Union

C 131/3

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Judgment of the Court (First Chamber) of 23 February 2006 — Commission of the European Communities v Republic of Finland

(Case C-232/03) (1)

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(Failure of a Member State to fulfil its obligations - Workers - Freedom of movement - Use of vehicles registered abroad and made available to the worker by the employer residing abroad)

(2006/C 131/05)

Language of the Case: Finnish

Parties

Applicant: Commission of the European Communities (represented by: D. Martin and I. Koskinen, acting as Agents)

Applicant:

Defendant: Republic of Finland (represented by: A. Guimaraes-Purokoski and T. Pynnä, acting as Agents)

Defendant:

Intervener: United Kingdom of Great Britain and Northern Ireland (represented by: K. Manji, acting as Agent and P. Whipple, barrister)

Intervener:

Re:

Failure of a Member State to fulfil its obligations — Arts. 10 and 39 EC — Conditions for the use for vehicles registered abroad and made available by their employer to workers residing in Finland and employed abroad

Operative part of the judgment

The Court:

| 1. | Declares that, by preventing cross-frontier workers residing in Finland and employed in another Member State from benefiting from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State on the sole ground that the cross-frontier workers concerned reside on Finnish territory, into which the vehicles belonging to their employers have been imported,
  and
  by preventing the cross-frontier workers concerned from benefiting, for professional and private purposes, from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State, while those vehicles are neither intended to be used mainly in Finland on a permanent basis nor, in fact, used in that way, on the sole ground that those workers reside on Finnish territory, into which the vehicles belonging to their employers have been imported,
  the Republic of Finland has failed to fulfil its obligations under Article 39 EC; |
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1.

Declares that, by preventing cross-frontier workers residing in Finland and employed in another Member State from benefiting from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State on the sole ground that the cross-frontier workers concerned reside on Finnish territory, into which the vehicles belonging to their employers have been imported,

and

by preventing the cross-frontier workers concerned from benefiting, for professional and private purposes, from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State, while those vehicles are neither intended to be used mainly in Finland on a permanent basis nor, in fact, used in that way, on the sole ground that those workers reside on Finnish territory, into which the vehicles belonging to their employers have been imported,

the Republic of Finland has failed to fulfil its obligations under Article 39 EC;

| 2. | Dismisses the remainder of the application; |
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2.

Dismisses the remainder of the application;

| 3. | Orders each party to bear its own costs; |
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3.

Orders each party to bear its own costs;

| 4. | Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. |
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4.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

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(1)  OJ C 184 of 02.08.2003.

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