62019CO0315_INF
Order of the Court (Sixth Chamber) of 26 September 2019 — Wallonische Region
(Case C‑315/19)
(Reference for a preliminary ruling — Freedom of movement for workers — Road traffic — Registration of motor vehicles — Driver resident in one Member State — Vehicle registered in another Member State — Vehicle made available to an employee by an employer established in that other Member State — Obligation to provide on the spot evidence of lawful use of such a vehicle during an inspection — Proportionality)
Freedom of movement for persons — Workers — Restrictions — Workers resident in national territory and employed in another Member State — Use of a vehicle with foreign registration plates — National legislation laying down an obligation to provide on the spot evidence of lawful use, failing which a fine will be imposed — Not permissible — Justification — None — Breach of principle of proportionality
(Art. 45 TFEU)
(see paras 23, 27-31, 33-36, operative part)
Operative part
Article 45 TFEU is to be interpreted as precluding legislation of a Member State pursuant to which an employee residing in that Member State can rely on an exception to the obligation to register in the employee’s Member State of residence a vehicle, which has been made available to the employee by an employer established in a different Member State where the vehicle is registered, only if the documents proving that the condition for the exception is met are at all times carried by the employee in the vehicle.