Case C-291/04: Order of the Court (Fourth Chamber) of  2 May 2006  — (reference for a preliminary ruling from the Tribunal de police de Neufchâteau — Belgium) — Criminal proceedings against Henri Léon Schmitz (First subparagraph of Article 104(3) of the Rules of Procedure — Free movement of persons and services — Workers — Motor vehicle — Provided to worker by employer — Vehicle registered abroad — Employer established in another Member State )
Date: 2006-07-29
Institutions: Court of Justice
Subjects: EU Member State, EU law - national law, head office, interpretation of the law, registration of a company, residence

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