Case C-435/04: Order of the Court (Fourth Chamber) of  30 May 2006  — (reference for a preliminary ruling from the Cour de cassation, Belgium) — Criminal proceedings against Sébastien Victor Leroy (First subparagraph of Article 104(3) of the Rules of Procedure — Vehicle leasing — Prohibition on using in a Member State a vehicle belonging to a leasing company established in another Member State and registered in that State — Permanent use on the territory of the first Member State)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: EU Member State, interpretation of the law, vehicle registration, vehicle rental

C 178/12

EN

Official Journal of the European Union

29.7.2006

Other party to the proceedings: Commission of the European
Communities (represented by: R. Lyal and T. Christoforou,
Agents, assisted by G. Athanassiou, lawyer)

Re:

Re:

the decision of

the Court of First
Appeal brought against
Instance (Fifth Chamber) of 11 December 2003, Strintzis Lines
Shipping SA v Commission (T-65/99) dismissing as unfounded
an action for annulment of the Commission's Decision of 9
December 1998 relating to a proceeding under Article 85 of
the EC Treaty (IV/34466 — Greek Ferry Boats)

Reference for a preliminary ruling — Tribunal de police de
Neufchâteau — Interpretation of Arts. 10, 39, 43 and 49 EC
— National measure requiring a motor vehicle to be registered
in that Member State if it is to be used by a resident even if it
has been provided to that resident by the latter's employer,
established in another Member State — Worker bound to his
employer by an employment contract and simultaneously
performing the functions of shareholder, administrator and
person responsible for day-to-day administration, or an equiva-
lent function

Operative part of the order

1. The appeal is dismissed;

Operative part of the judgment

2. The cross-appeal of the Commission of the European Communities

is dismissed;

3. Strintzis Lines Shipping SA is ordered to bear 90 % of the costs;

4. The Commission of the European Communities is ordered to bear

10 % of the costs.

Article 43 EC precludes the national legislation of one Member State
from obliging, as the legislation in the current criminal proceedings
does, a self-employed person residing in that Member State to register
a company vehicle provided to him by the company, established in
another Member State, that employs him, when the company vehicle
is neither actually intended to be used permanently in the first
Member State nor is in fact used in that way.

(1) OJ C 106, 30.4.2004.

(1) OJ C 217, 28.8.2004.

Order of the Court (Fourth Chamber) of 2 May 2006 —
(reference for a preliminary ruling from the Tribunal de
police de Neufchâteau — Belgium) — Criminal proceed-
ings against Henri Léon Schmitz

Order of the Court (Fourth Chamber) of 30 May 2006 —
(reference for a preliminary ruling from the Cour de cassa-
tion, Belgium) — Criminal proceedings against Sébastien
Victor Leroy

(Case C-291/04) (1)

(Case C-435/04) (1)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Free movement of persons and services — Workers
— Motor vehicle — Provided to worker by employer —
Vehicle registered abroad — Employer established in another
Member State )

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Vehicle leasing — Prohibition on using in a Member
State a vehicle belonging to a leasing company established in
another Member State and registered in that State — Perma-
nent use on the territory of the first Member State)

(2006/C 178/19)

Language of the case: French

National court

Tribunal de police de Neufchâteau

Criminal proceedings against

Henri Léon Schmitz

(2006/C 178/20)

Language of the case: French

Referring court

Cour de cassation

29.7.2006

EN

Official Journal of the European Union

C 178/13

Criminal proceedings against

Sébastien Victor Leroy

Other parties to the proceedings: European Parliament (represented
by: K. Bradley and M. Moore, Agents), Council of the European
Union (represented by E. Karlson and C. Giorgi Fort, Agents)

Action

Re:

Reference for a preliminary ruling — Cour de cassation,
Belgium — Interpretation of Articles 49 to 55 of the EC Treaty
with regard to national legislation prohibiting, on pain of crim-
inal penalties, a person who resides and works in the national
territory from using a vehicle which belongs to a leasing
company established in another Member State and registered in
that State

Operative part of the judgment

Articles 49 EC to 55 EC do not preclude the domestic legislation of a
Member State, such as that at issue in the main proceedings, from
prohibiting a person who resides and works in that State from using,
in that State, a vehicle which he has rented from a leasing company
established in another Member State, when that vehicle has not been
registered in the first State and it is intended that it should be used
there essentially on a permanent basis or is,
in fact, used in that
manner.

Appeal brought against the Order of the Court of First Instance
(Third Chamber) of 10 December 2004 in Case T-196/03 EFfCI
v Parliament and Council — Admissibility of an action for partial
annulment of Article 1 of Directive 2003/15/EC of the Euro-
the Council of 27 February 2003
pean Parliament and of
amending Council Directive 76/768/EEC on the approximation
of the laws of the Member States relating to cosmetic products
(OJ L 2003 66, p. 26) — Person directly and individually
the fourth paragraph of
concerned within the meaning of
Article 230 EC

Operative part of the order

1. The appeal is dismissed;

2. The European Federation for Cosmetic Ingredients is ordered to

pay the costs.

(1) OJ C 300, 4.12.2004.

(1) OJ C 115, 14.5.2005.

Order of the Court of 30 March 2006 — European Federa-
tion for Cosmetic Ingredients (EFfCI) v European Parlia-
ment and Council of the European Union

Order of the Court of 6 April 2006 (reference for a preli-
minary ruling from the Bayerisches Verwaltungsgericht
München- Germany) — Daniel Halbritter v Freistaat
Bayern, represented by the Landesanwaltschaft Bayern

(Case C-113/05 P) (1)

(Case C-227/05) (1)

(Appeal — Directive 2003/15/EC — Action for annulment
— Cosmetic products — Protection of public health —
Experiments on animals — Prohibition of substances which
are carcinogenic, mutagenic or toxic for reproduction —
Appeal in part manifestly inadmissible and in part manifestly
unfounded)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Directive 91/439/EEC — Mutual recognition of
driving licences — Confiscation of driving licence in one
Member State accompanied by temporary ban on acquiring a
new licence — Licence issued in another Member State after
the expiry of the temporary ban — Recognition and exchange
of that licence in the first Member State — Presentation of a
report on aptitude to drive required by national law)

(2006/C 178/21)

Language of the case: English

(2006/C 178/22)

Language of the case: German

Parties

National court

Applicant: European Federation for Cosmetic Ingredients (EFfCI)
(represented by: K. Van Maldegem and C. Mereu, lawyers)

Bayerisches Verwaltungsgericht München