Judgment of the Court (First Chamber) of  15 December 2005  in Joined Cases C-151/04 and C-152/04; Reference for a preliminary ruling from the Tribunal de Police de Neufchâteau in the criminal proceedings against Claude Nadin, Nadin-Lux SA and Jean-Pascal Durré (Free movement of persons and services — Concept of 'worker' — Condition of a relationship of subordination — Motor vehicle — Made available to the worker by the employer — Vehicle registered abroad — Employer established in another Member State — Registration and taxation of the motor vehicle)
Date: 2006-02-25
Institutions: Court of Justice
Subjects: EU Member State, interpretation of the law, residence, shareholder, vehicle registration, worker (EU)

25.2.2006

EN

Official Journal of the European Union

C 48/5

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 10 January 2006

in Case C-147/04 (Reference for a preliminary ruling from
the Conseil d'État) De Groot en Slot Allium BV, Bejo
Zaden BV v Ministre de l'Economie, des Finances et de
l'Industrie, Ministre de l'Agriculture, de l'Alimentation, de
la Pêche et des Affaires rurales (1)

(Directive 70/458/EEC — Marketing of vegetable seed —
Article 2 — Directive 92/33/EEC — Marketing of vegetable
propagating and planting material, other
than seed —
Annex II — Common catalogue of vegetable species —
National
legislation permitting only varieties of shallots
produced by vegetative propagation to be marketed as ‘shal-
lots’ — Article 28 EC — Consumer protection)

(2006/C 48/09)

(First Chamber)

of 15 December 2005

in Joined Cases C-151/04 and C-152/04; Reference for a
preliminary ruling from the Tribunal de Police de Neufchâ-
teau in the criminal proceedings against Claude Nadin,
Nadin-Lux SA and Jean-Pascal Durré (1)

(Free movement of persons and services — Concept of
'worker' — Condition of a relationship of subordination —
Motor vehicle — Made available to the worker by the
employer — Vehicle registered abroad — Employer estab-
lished in another Member State — Registration and taxation
of the motor vehicle)

(Language of the case: French)

(2006/C 48/10)

In Case C-147/04: reference for a preliminary ruling under
Article 234 EC from the Conseil d'Etat (France), made by deci-
sion of 4 February 2004, received at the Court on 22 March
2004, in the proceedings De Groot en Slot Allium BV, Bejo
Zaden BV against Ministre de l'Economie, des Finances et de
l'Industrie, Ministre de l'Agriculture, de l'Alimentation, de la
Pêche et des Affaires rurales,
intervener: Comité économique
légumes de la Région Bretagne
agricole régional
(Cerafel), the Court (Second Chamber), composed of C.W.A.
J. Makarczyk, C.
Timmermans, President of
Gulmann, G. Arestis (Rapporteur) and J. Klučka,
Judges; D.
Ruiz-Jarabo Colomer, Advocate General, K. Sztranc, Adminis-
trator, for the Registrar, gave a judgment on 10 January 2006,
the operative part of which is as follows:

the Chamber,

fruits et

Council Directive 70/458/EEC of 29 September 1970 on the
marketing of vegetable
seed, as amended by Council Directive
88/380/EEC of 13 December 1988, precludes the entry of the vari-
eties ‘Ambition’ and ‘Matador’
in the common catalogue in the
section relating to shallots grown from seed.

Article 28 EC precludes national legislation, such as the Order of 17
May 1990 on trade
in shallots, which allows only vegetables
produced by vegetative propagation to be marketed as ‘shallots’ and
excludes those grown from seed produced and marketed under that
name in other Member States.

(Language of the case: French)

In Joined Cases C-151/04 and C-152/04: reference for a preli-
minary ruling under Article 234 EC from the Tribunal de
Police de Neufchâteau (Belgium), made by decision of 16
January 2004, received at the Court on 25 March 2004, in the
criminal proceedings against Claude Nadin, Nadin-Lux SA (C-
151/04) and Jean-Pascal Durré (C-152/04) — the Court (First
Chamber), composed of P. Jann, President of the Chamber, K.
Schiemann, N. Colneric (Rapporteur),
J.N. Cunha Rodrigues
and E. Levits, Judges; F.G. Jacobs, Advocate General, K. Sztranc,
Administrator, for the Registrar, has given a judgment on 15
December 2005, the operative part of which is as follows:

It is contrary to Article 43 EC for the domestic legislation of one
Member State, such as the legislation at issue in the cases in the
main proceedings, to require a self-employed worker residing in that
Member State to register there a company vehicle made available to
him by the company for which he works, established in another
Member State, when it is not intended that that vehicle should be
used essentially in the first Member State on a permanent basis and it
is not, in fact, used in that manner.

(1) OJ C 106 of 30.04.2004.

(1) OJ C 106 of 30.04.2004.