Case C-297/05: Judgment of the Court (First Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of the Netherlands (Identification and compulsory roadworthiness test prior to registration of vehicles in a Member State — Articles 28 EC and 30 EC — Directives 96/96/EC and 1999/37/EC — Recognition of registration certificates issued and roadworthiness tests conducted in other Member States)
Date: 2007-11-10
Institutions: Court of Justice
Subjects: Basque Country, action for failure to fulfil an obligation, motor vehicle, roadworthiness tests, technical barriers to trade, vehicle registration

C 269/6

EN

Official Journal of the European Union

10.11.2007

persons and to members of their families moving within the
Community (OJ, English Special Edition 1971(II), p. 416), as
amended by Council Regulation (EEC) No 1247/92 of 30 April
1992 (OJ 1992 L 136, p. 1) — Interpretation of Article 7(2) of
Regulation (EEC) No 1612/68 of the Council of 15 October
1968 on freedom of movement for workers within the Com-
munity (OJ, English Special Edition 1968(II), p. 475) — Inter-
pretation of Articles 12, 18 and 39 EC — Special non-contribu-
tory benefits — Coordinating scheme provided for in Article
10a of Regulation No 1408/71 — Scope — Whether or not it
includes a benefit
for disabled young people referred to in
Annex IIa to Regulation No 1408/71 — Recipients resident in
the Netherlands

Judgment of the Court (First Chamber) of 20 September
the European Communities v
2007 — Commission of

Kingdom of the Netherlands

(Case C-297/05) (1)

(Identification and compulsory roadworthiness test prior to
registration of vehicles in a Member State — Articles 28 EC
and 30 EC — Directives 96/96/EC and 1999/37/EC —
Recognition of registration certificates issued and roadworthi-
ness tests conducted in other Member States)

Operative part of the judgment

of Article 4(2a)

of Council Regulation

1. A benefit such as that provided under the Law on provision of
incapacity benefit
(Wet arbeidson-
to disabled young people
geschiktheidsvoorziening jonggehandicapten) of 24 April 1997
must be regarded as a special non-contributory benefit within the
meaning
(EEC)
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed persons and
to members of their families moving within the Community, as
amended and updated by Council Regulation (EC) No 118/97 of
2 December 1996, as amended by Council Regulation (EC)
No 1223/98 of 4 June 1998, with the result that only the coordi-
nating provision in Article 10a of that regulation must be applied
to persons who are in the situation of the applicant in the main
proceedings and that payment of
that benefit may validly be
reserved to persons who reside on the territory of the Member State
which provides the benefit. The fact
the person concerned
previously received a benefit for disabled young people which was
exportable is of no relevance to the application of those provisions.

that

as

amended

2. Article 39 EC and Article 7 of Regulation (EEC) No 1612/68 of
the Council of 15 October 1968 on freedom of movement for
workers within the Community must be
interpreted as not
legislation which applies Article 4(2a) and
precluding national
Article 10a of Regulation No 1408/71, as amended and updated
by Regulation No 118/97,
by Regulation
No 1223/98, and provides that a special non-contributory benefit
listed in Annex IIa to Regulation No 1408/71 may be granted
only to persons who are resident in the national territory. However,
implementation of that legislation must not entail an infringement
of the rights of a person in a situation such as that of the applicant
in the main proceedings which goes beyond what is required to
achieve the legitimate objective pursued by the national legislation.
It is for the national court, which must, so far as possible, interpret
the national legislation in conformity with Community law, to take
account, in particular, of the fact that the worker in question has
maintained all of his economic and social
links to the Member
State of origin.

(2007/C 269/12)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and D. Zijlstra, acting as Agents)

Defendant: Kingdom of
G. Sevenster and D.J.M. de Grave, acting as Agents)

the Netherlands (represented by: H.

Intervener in support of the defendant: Republic of Finland (repre-
sented by: E. Bygglin, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 28 EC and 30 EC — Motor vehicles already registered in
another Member State required to undergo a technical examina-
tion prior to their registration in the Netherlands

Operative part of the judgment

The Court:

1. Declares that, by requiring vehicles which are more than three years
old and which have previously been registered in other Member
States to undergo testing as to their general condition prior to regis-
tration in the Netherlands, the Kingdom of the Netherlands has
failed to fulfil its obligations under Articles 28 EC and 30 EC;

2. Dismisses the action as to the remainder;

3. Orders

the Commission of

the
Kingdom of the Netherlands and the Republic of Finland to bear
their own respective costs.

the European Communities,

(1) OJ C 296, 26.11.2005.

(1) OJ C 296, of 26.11.2005.