CELEX: 62012CA0162
Language: en
Date: 2014-02-13 00:00:00
Title: Joined Cases C-162/12 and C-163/12: Judgment of the Court (Third Chamber) of 13 February 2014 (requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio (Italy)) — Airport Shuttle Express scarl (C-162/12), Giovanni Panarisi (C-162/12), Società Cooperativa Autonoleggio Piccola arl (C-163/12) and Gianpaolo Vivani (C-163/12) v Comune di Grottaferrata (Requests for a preliminary ruling — Articles 49 TFEU, 101 TFEU and 102 TFEU — Regulation (EEC) No 2454/92 — Regulation (EC) No 12/98 — Car and driver hire services — National and regional legislation — Authorisation issued by municipalities — Conditions — Purely internal situations — Jurisdiction of the Court — Whether the requests are admissible)

29.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/5
            
         Judgment of the Court (Third Chamber) of 13 February 2014 (requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio (Italy)) — Airport Shuttle Express scarl (C-162/12), Giovanni Panarisi (C-162/12), Società Cooperativa Autonoleggio Piccola arl (C-163/12) and Gianpaolo Vivani (C-163/12) v Comune di Grottaferrata
   (Joined Cases C-162/12 and C-163/12) (1)
   
   (Requests for a preliminary ruling - Articles 49 TFEU, 101 TFEU and 102 TFEU - Regulation (EEC) No 2454/92 - Regulation (EC) No 12/98 - Car and driver hire services - National and regional legislation - Authorisation issued by municipalities - Conditions - Purely internal situations - Jurisdiction of the Court - Whether the requests are admissible)
   2014/C 93/07
   Language of the case: Italian
   
      Referring court
   
   Tribunale amministrativo regionale per il Lazio
   
      Parties to the main proceedings
   
   
      Applicants: Airport Shuttle Express scarl (C-162/12), Giovanni Panarisi (C-162/12), Società Cooperativa Autonoleggio Piccola arl (C-163/12) and Gianpaolo Vivani (C-163/12)
   
      Defendant: Comune di Grottaferrata
   
      In the presence of: Federnoleggio
   
      Re:
   
   Requests for a preliminary ruling — Tribunale amministrativo regionale del Lazio — Interpretation of Articles 26 TFEU, 49 TFEU and 90 TFEU; Article 3 TEU, read in conjunction with Article 4(3) TEU and Articles 3 TFEU, 4 TFEU, 5 TFEU and 6 TFEU; Articles 101 and 102 TFEU; Council Regulation (EEC) No 2454/92 of 23 July 1992 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (OJ 1992 L 251, p. 1); and Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (OJ 1998 L 4, p. 10) — Car and driver hire service — National legislation making the provision of that service conditional upon possession of an authorisation issued by the municipal authorities and requiring anyone holding such an authorisation to have the normal base for their vehicle(s) located in the territory of the municipality which issued the authorisation, and to begin and end the hire in that territory.
   
      Operative part of the judgment
   
   The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio (Italy) for a preliminary ruling, made by decisions of 19 October 2011 and 1 December 2011 in Joined Cases C-162/12 and C-163/12, to the extent that those requests concern the interpretation of Article 49 TFEU. Those requests are inadmissible to the extent that they concern the interpretation of other provisions of EU law.
   
      (1)  OJ C 165, 9.6.2012.