Case C-290/05: Reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság by order of that court of  3 March 2005  in Ákos Nádasdi v Vám- és Pénzügyőrség Észak-Alföldi Regionális Parancsnoksága
Date: 2005-11-26
Institutions: Court of Justice
Subjects: Hungary, import, interpretation of the law, intra-EU trade, motor car, tax system, used goods, vehicle tax

C 296/10

EN

Official Journal of the European Union

26.11.2005

Reference for a preliminary ruling from the Hajdú-Bihar
Megyei Bíróság by order of that court of 3 March 2005 in
Ákos Nádasdi v Vám- és Pénzügyőrség Észak-Alföldi
Regionális Parancsnoksága

July 2005, for a preliminary ruling in the proceedings between
Minister voor Vreemdelingenzaken en Integratie (Minister for
Alien Affairs and Integration) and R.N.G. Eind on the following
questions:

(Case C-290/05)

(2005/C 296/19)

(Language of the case: Hungarian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Hajdú-Bihar Megyei Bíróság
(Hungary) of 3 March 2005, received at the Court Registry on
19 July 2005,
for a preliminary ruling in the proceedings
between Ákos Nádasdi and Vám- és Pénzügyőrség Észak-
Alföldi Regionális Parancsnoksága on the following questions:

1. Does the first paragraph of Article 90 EC allow Member
States to maintain in force a duty on used motor vehicles
from other Member States, when that duty is wholly inde-
pendent of the value of the vehicle and the amount is deter-
mined solely on the basis of the technical characteristics of
the vehicle (engine type, engine capacity) and its environ-
mental classification?

2. If the answer to the first question is in the affirmative, is
Law No CX of 2003 on registration duty, which is applic-
able in this case, compatible, as regards imported used
motor vehicles, with the first paragraph of Article 90 EC
when the registration duty is not payable on motor vehicles
which were placed in circulation in Hungary before the law
in question entered into force?

Reference for a preliminary ruling from the Raad van
State by order of that court of 13 July 2005 in the
proceedings between Minister voor Vreemdelingenzaken
en Integratie and R.N.G. Eind

(Case C-291/05)

(2005/C 296/20)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Raad van State (Council of
State) of 13 July 2005, received at the Court Registry on 20

Ia.

Ib.

If a national of a non-member country is regarded by a
host Member State as a family member of a worker within
the terms of Article 10 of Regulation (EEC) No 1612/
68 (1) of the Council of 15 October 1968 on freedom of
movement for workers within the Community, and if the
validity of the residence permit granted by that Member
State has not yet lapsed, does this mean that the Member
State of which the worker is a national may not, for that
very reason, deny the national of
the non-member
country the right of entry and residence on the return of
the worker?

If the previous question has to be answered in the nega-
tive,
is the Member State itself permitted to determine
whether the national of the non-member country satisfies
the conditions for entry and residence based on national
law on his or her entry, or should that Member State first
determine whether
the non-member
the national of
country may still derive rights from Community law as a
family member of the worker?

II. Does it make any difference to the answers to the ques-
tions under Ia and Ib if, prior to his or her stay in the
host Member State,
the non-member
country has had no right of residence based on national
law in the Member State of which the worker is a
national?

the national of

IIIa.

If the Member State of which a worker (the reference
person) is a national is permitted, on the worker's return,
itself to determine whether the conditions laid down in
Community law for the issue of a residence permit as a
family member are still fulfilled, does a national of a non-
member country who is a family member of the reference
person, who returns from the host Member State to the
Member State of which he is a national in order to seek
employment there, have a right of residence in the latter
Member State and, if so, for how long?

IIIb. Does that right also exist if the reference person does not
perform any genuine and actual work in the latter
Member State and cannot, or can no longer, be regarded
as seeking employment, in the context of Council Direc-
tive 90/364/EEC (2) of 28 June 1990 on the right of resi-
dence, given inter alia that
the reference person is in
receipt of a welfare benefit by virtue of his Netherlands
nationality?