62021CO0777_INF
Order of the Court (Eighth Chamber) of 19 October 2022 –Comune di Portici
(Case C‑777/21) (
1
)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Road traffic – Registration and taxation of motor vehicles – Vehicle registered in a Member State – Driver residing in the Member State where the vehicle is registered and in another Member State – Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country)
Freedom of movement for persons – Freedom of establishment – Restrictions – National legislation prohibiting a self-employed worker residing in a Member State for more than 60 days from driving in that Member State a vehicle registered in another Member State – Vehicle neither intended to be used essentially in the first Member State nor, in fact, used in that manner – Not permissible – No justification
(Article 49 TFEU)
(see paragraphs 16-19, 22, 23, 25-31 and operative part)
Operative part
Article 49 TFEU must be interpreted as precluding national legislation which prohibits a self-employed worker who has resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another Member State where the vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor is, in fact, used in that manner.
(
1
)	OJ C 148, 4.4.2022.