Case C-242/05: Reference for a preliminary ruling from the Gerechtshof te 's-Hertogenbosch by order of that court of 31 May 2005 in G.M. van de Coevering v Rijksbelastingdienst
Date: 2005-08-20
Institutions: Court of Justice
Subjects: EU law - national law, Netherlands, freedom to provide services, interpretation of the law, vehicle rental, vehicle tax

C 205/8

EN

Official Journal of the European Union

20.8.2005

A) Is it possible to interpret Article 81(1) EC as meaning that
agreements between financial institutions for the exchange
of information about the solvency of their customers and
lateness of payments by them may be regarded as compa-
tible with the common market, in so far as they affect the
financial policies of the European Union and the common
credit market and have the effect of restricting competition
in the financial and credit institution sector?

B) Is it possible to interpret Article 81(3) EC as meaning that a
Member State may, by means of bodies responsible for
agreements between
overseeing competition,
financial institutions for the exchange of information about
their customers through the establishment of a credit infor-
mation register,
in so far as the creation of that register
produces benefits for consumers and users of those finan-
cial services?

authorise

Reference for a preliminary ruling from the Gerechtshof
te 's-Hertogenbosch by order of that court of 31 May
2005 in G.M. van de Coevering v Rijksbelastingdienst

(Case C-242/05)

(2005/C 205/15)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Gerechtshof te 's-Hertogen-
bosch ('s-Hertogenbosch Regional Court of Appeal) of 31 May
2005, received at the Court Registry on 3 June 2005, for a
preliminary ruling in the proceedings between G.M. van de
Coevering and Roermond Customs District of the Rijksbelas-
tingdienst on the following question:

Does Community law,
in particular the freedom to provide
services as set out in Articles 49 EC to 55 EC, preclude the
Netherlands from charging a natural person resident in the
Netherlands — who leases in another Member State, under a
leasing contract with a lessor, a passenger car which is not
registered in the register pursuant to the Wegenverkeerswet
1994 and on which no passenger car and motorcycle tax
the Wet BPM (1) has been paid —
under Article 1(2) of
passenger car and motorcycle tax under Article 1(5) of the Wet
BPM on commencement of use in the Netherlands by that

the highway within the meaning of

passenger car of
the
Wegenverkeerswet 1994, where the full amount of the tax is
chargeable irrespective of the period of the lease and the dura-
tion of the use of the highway in the Netherlands and where
that natural person has no right at all to an exemption or a
refund?

(1) 1992 Law on passenger car and motorcycle tax.

Reference for a preliminary ruling from the Bayerischer
Verwaltungsgerichtshof (Bavarian Higher Administrative
Court) by order of that court of 19 April 2005 in Bund
Naturschutz in Bayern e.V. v Freistaat Bayern

(Case C-244/05)

(2005/C 205/16)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Bayerischer Verwaltungsger-
ichtshof (Bavarian Higher Administrative Court) of 19 April
2005, received at the Court Registry on 19 April 2005, for a
preliminary
between Bund
Naturschutz in Bayern e.V. and Freistaat Bayern on the
following question:

proceedings

ruling

the

in

1. What protection regime is required under Article 3(1) of
Directive 92/43 EEC (1) in conjunction with the sixth recital
in the preamble to that Directive in the light of the prohibi-
tion on frustrating the objectives of the Treaty laid down in
Article 10(2) of the EC Treaty (Treaty establishing the Euro-
pean Community of 25 March 1957, as most recently
amended by the 2003 EU Treaty of Accession of 16 April
2003) and following the judgment of the European Court of
Justice of 13 January 2005 in Case C-117/03 for sites which
could be designated sites of Community importance, parti-
cularly those with priority natural habitat
types and/or
priority species, before they appear on the list of sites of
Community importance adopted by the Commission of the
European Communities under the procedure provided for in
Article 21 of the Directive?