EN Official Journal of the European Union C 73/16

Action brought on 13 December 2011 — European Commission v Republic of Poland

(Case C-639/11)

2012/C 73/29

Language of the case: Polish

Parties

Applicant: European Commission (represented by: G. Wilms, G. Zavvos and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought

— Declare that, by making the registration in Poland of private motor vehicles which are new or have been previously registered in other Member States and which have their steering equipment on the right-hand side dependent on the transfer of the steering wheel to the left-hand side, the Republic of Poland has failed to fulfil its obligations under Article 2a of Directive 70/311/EEC relating to type approval of steering equipment, (1) Article 4(3) of Framework Directive 2007/46/EC on EC type approval for motor vehicles (2) and Article 34 of the Treaty on the Functioning of the European Union;

— order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The Commission argues that the Republic of Poland is in breach of Article 2a of individual Directive 70/311/EEC, Article 4(3) of Framework Directive 2007/46/EC and Article 34 TFEU.

Traffic in the Republic of Poland drives on the right. In order for a motor vehicle to be registered in Poland, Polish provisions require a certificate attesting that the vehicle has passed a technical inspection. Pursuant to regulations issued by the Minister for Infrastructure, (3) the outcome of the technical inspection of vehicles with the steering wheel on the right-hand side from the outset cannot be positive (that is to say, the technical condition is deemed not to be in accordance with the technical requirements in force). As a result, private motor vehicles which have the steering wheel on the right-hand side and which have been approved in Member States in which traffic drives on the left (the United Kingdom, Ireland, Malta and Cyprus) cannot be registered in Poland. The Polish authorities also fail to take account of the fact that such motor vehicles may previously have been registered in other Member States in which traffic drives on the right.

In the Commission’s view, the fact that it is impossible to register, in Poland, private motor vehicles (new and second-hand) which have been brought to Poland from a Member State in which traffic drives on the left, primarily by Polish nationals taking advantage of the benefit of free movement within the European Union cannot find justification in any overriding requirement of public interest in the form of ensuring road safety.

If motor vehicles which have their steering equipment on the right-hand side and which are not registered in Poland may, without any restriction, be used in Poland, the prohibition on registration of such vehicles is not, in the Commission’s view, an appropriate or, in any event, proportionate means by which to achieve the declared objective.

In the opinion of the Commission, it is precisely the long-term use of such a vehicle in traffic on the right that results in the acquisition of a routine and does not constitute, from the point of view of road safety, a greater threat than occasional/temporary transport by means of such a vehicle. Furthermore, there are other, less drastic means, in the form, for instance, of an additional mirror, which facilitate a vehicle with the steering wheel on the right when overtaking in traffic which uses the right side of the road.

(1) Council Directive of 8 June 1970 on the approximation of the laws of the Member States relating to the steering equipment for motor vehicles and their trailers (OJ, English Special Edition 1970(II), p. 375).

(2) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ 2007 L 263, p. 1).

(3) Paragraph 9(2) of the Regulation of 31 December 2002, Point 5.1 of Annex I to the Regulation of the Minister for Infrastructure of 16 December 2003 and Point 6.1 of Annex I to the Regulation of the Minister for Infrastructure of 18 September 2009 replacing and repealing the Regulation of 16 December 2003.