Case C-2/09: Reference for a preliminary ruling from the Varhoven administrativen Sad (Bulgaria) lodged on 6 January 2009 — Peter Dimitrov Kalinchev v Regionalna Mitnicheska Direktsia — Plovdiv
Date: 2009-01-06
Institutions: Court of Justice
Subjects: Bulgaria, EU Member State, interpretation of the law, motor vehicle, tax

7.3.2009

EN

Official Journal of the European Union

C 55/19

Reference for a preliminary ruling from the Tribunale
Amministrativo Regionale del Lazio (Italy)
lodged on
29 December 2008 — Angelo Rubino v Ministero
dell'Università e della Ricerca

Parties to the main proceedings

Applicant: Peter Dimitrov Kalinchev

(Case C-586/08)

(2009/C 55/30)

Defendant: Regionalna Mitnicheska Direktsia — Plovdiv

Language of the case: Italian

Questions referred

Referring court

Tribunale Amministrativo Regionale del Lazio

Parties to the main proceedings

Applicant: Angelo Rubino

Defendant: Ministero dell'Università e della Ricerca

Question referred

Is it contrary to the Community principles concerning the aboli-
tion of obstacles to the free movement of persons and services
between Member States of the Community, and the mutual
recognition of diplomas, certificates and other evidence of
formal qualifications, set out in Articles 3(1)(c) and 47(1) of the
Treaty establishing the European Community, and the provisions
contained in Directive 2005/36/EC (1) of the European Parlia-
ment and of the Council of 7 September 2005 on the recogni-
tion of professional qualifications, for national legislation, such
as the Italian rules laid down in Legislative Decree 206/2007, to
exclude university lecturers from the scope of
the regulated
professions for purposes of
the recognition of professional
qualifications?

(1) OJ 2005 L 255, p. 22.

1. Does Article 3(3) of Council Directive 92/12/EEC (1) of
25 February 1992 on the general arrangements for products
subject to excise duty and on the holding, movement and
monitoring of such products allow Member States to lay
down a provision that excise duty be levied on the introduc-
tion of used motor vehicles into their territory, if that duty is
not directly payable on the second-hand purchase of such
vehicles which are already in the country and for which on
first
the Member State
excise duty is paid?

introduction into the territory of

2. Does the expression ‘similar domestic products’ in the first

paragraph of Article 90 EC mean:

(a) products which have their origin in the Member State,

which lays down specific domestic duties; or

(b) products which,

independently of

their origin, are

already in the territory of that Member State?

3. Having regard to the answers to the questions above: Are
Article 25 EC and the first paragraph of Article 90 EC to be
read as a prohibition on the differing rules on the levying of
excise duty on motor vehicles which the Republic of Bulgaria
has laid down in Articles 30 and 40 of the ZADS according
to the criteria of year of manufacture and mileage?

(1) OJ 1992 L 76, p. 1.

Action brought on 8 January 2009 — Commission of the
European Communities v Hellenic Republic

Reference for a preliminary ruling from the Varhoven
administrativen Sad (Bulgaria) lodged on 6 January 2009 —
Peter Dimitrov Kalinchev v Regionalna Mitnicheska
Direktsia — Plovdiv

(Case C-2/09)

(2009/C 55/31)

Language of the case: Bulgarian

Parties

(Case C-5/09)

(2009/C 55/32)

Language of the case: Greek

Referring court

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and M. Karanassou-Apostolopoulou)

Varhoven administrativen Sad

Defendant: Hellenic Republic