Case C-42/08: Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 7 February 2008 — M. Ilhan v Staatssecretaris van Financiën
Date: 2008-02-07
Institutions: Court of Justice
Subjects: freedom to provide services, interpretation of the law, vehicle, vehicle tax

C 92/18

EN

Official Journal of the European Union

12.4.2008

— declare that, in so far as the Czech Republic has failed to
adopt (all) the laws, regulations and administrative provi-
sions necessary to comply with Council Directive 96/97/EC
of 20 December 1996 amending Directive 86/378/EEC on
the implementation of the principle of equal treatment for
men and women in occupational social security schemes (2),
or in any case has failed to inform the Commission thereof,
the Czech Republic has failed to fulfil its obligations under
the Act
Article 3 of
concerning the conditions of accession of
the Czech
Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia,
the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic
and the adjustments to the Treaties on which the European
Union is founded;

that directive and Article 54 of

the Republic of Lithuania,

tionality preclude a Member State from applying a statutory rule
that requires a person who is resident or established in that
Member State, and who has at his disposal a car registered in
another Member State which has been leased for a period of
three years by a leasing undertaking established in that other
Member State, and who uses that car essentially in the first
Member State for business and private purposes, to pay a tax on
the basis of commencement of use (with that car) of the public
highway in the first Member State, without account being taken
of the duration of future actual use in that Member State?

— order the Czech Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for implementing the directive in the
domestic legal order expired on 30 April 2004.

(1) OJ 1986 L 225, p. 40.
(2) OJ 1997 L 46, p. 20.

Action brought on 11 February 2008 — Commission of
the European Communities v Ireland

(Case C-48/08)

(2008/C 92/34)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell, Agent)

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden lodged on 7 February 2008 — M. Ilhan v
Staatssecretaris van Financiën

Defendant: Ireland

(Case C-42/08)

(2008/C 92/33)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: M. Ilhan

Respondent: Staatssecretaris van Financiën

The applicants claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2003/59/EC of the European Parliament and the Council of
15 July 2003 on the initial qualification and periodic
training of drivers of certain road vehicles for the carriage of
goods or passengers, amending Council Regulation (EEC)
No 3820/85 and Council Directive 91/439/EEC and
repealing Council Directive 76/914/EEC (1), or in any event
by failing to communicate them to the Commission, Ireland
has failed to fulfil its obligations under the Directive;

— order Ireland to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 10 September 2006.

Question referred

(1) OJ L 226, p. 4.

Do the provisions of the EC Treaty on the freedom to provide
services (Articles 49 EC to 55 EC) or the principle of propor-