Case C-150/11

European Commission

v

Kingdom of Belgium

‛Failure of a Member State to fulfil obligations — Directive 1999/37/EC — Registration documents for vehicles — Vehicles previously registered in another Member State — Change of ownership — Requirement of a roadworthiness test — Requirement of production of a certificate of conformity — Roadworthiness test carried out in another Member State — Non-recognition — Lack of justification’

Summary — Judgment of the Court (Second Chamber), 6 September 2012

Actions for failure to fulfil obligations — Pre-litigation procedure — Subject matter — Application initiating proceedings — Statement of subject matter and pleas in law (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 38(1)(c)) Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) Free movement of goods — Quantitative restrictions — Measures having equivalent effect — National legislation requiring imported second-hand vehicles previously registered in other Member States to undergo a roadworthiness test prior to registration — Failure to recognise tests carried out in the other Member States — Unlawful — Justification — Consumer protection — Protection of the environment — Road safety — Absence (Art. 34 TFEU) Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Directive 1999/37 — Registration documents for vehicles — Recognition of a registration certificate issued by another Member State — National legislation requiring, in addition to production of the certificate of registration, production of the certificate of conformity of a vehicle previously registered in another Member State — Unlawful (Council Directive 1999/37, Art. 4)

See the text of the decision. (see paras 24-27) See the text of the decision. (see para. 43) By making vehicles which were previously registered in another Member State subject to a roadworthiness test prior to their registration in the name of a different owner, without taking into account the results of the roadworthiness test carried out in another Member State, a Member State fails to fulfil its obligation under Article 34 TFEU. Such a test, which may deter certain interested individuals from purchasing such vehicles coming from other Member States, cannot be justified on grounds of consumer protection, protection of the environment and road safety, since the Member State concerned has failed demonstrate in a concrete manner how the roadworthiness test is appropriate or how it is necessary as regards the objective pursued. (see paras 50-52, 55, 57, 62, operative part) By requiring systematically, in addition to production of the harmonised registration certificate, production of a vehicle’s certificate of conformity, for the purpose of an obligatory roadworthiness test of a vehicle previously registered in another Member State, a Member State fails to fulfil its obligations under Article4 of Directive 1999/37 on the registration documents for vehicles, as amended by Directive 2006/103. Except in the case of temporary registration, that directive does not allow the Member States to require a document other than the registration certificate for the registration of a vehicle that has previously been registered in another Member State. Such a requirement has the effect of rendering meaningless the principle of recognition of registration certificates issued by other Member States as laid down in Article4 of that directive. (see paras 77, 79, 80, operative part)

Case C-150/11

European Commission

v

Kingdom of Belgium

‛Failure of a Member State to fulfil obligations — Directive 1999/37/EC — Registration documents for vehicles — Vehicles previously registered in another Member State — Change of ownership — Requirement of a roadworthiness test — Requirement of production of a certificate of conformity — Roadworthiness test carried out in another Member State — Non-recognition — Lack of justification’

Summary — Judgment of the Court (Second Chamber), 6 September 2012

Actions for failure to fulfil obligations — Pre-litigation procedure — Subject matter — Application initiating proceedings — Statement of subject matter and pleas in law (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 38(1)(c)) Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) Free movement of goods — Quantitative restrictions — Measures having equivalent effect — National legislation requiring imported second-hand vehicles previously registered in other Member States to undergo a roadworthiness test prior to registration — Failure to recognise tests carried out in the other Member States — Unlawful — Justification — Consumer protection — Protection of the environment — Road safety — Absence (Art. 34 TFEU) Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Directive 1999/37 — Registration documents for vehicles — Recognition of a registration certificate issued by another Member State — National legislation requiring, in addition to production of the certificate of registration, production of the certificate of conformity of a vehicle previously registered in another Member State — Unlawful (Council Directive 1999/37, Art. 4)