CELEX: C2006/048/10
Language: en
Date: 2006-02-25 00:00:00
Title: Judgment of the Court (First Chamber) of  15 December 2005  in Joined Cases C-151/04 and C-152/04; Reference for a preliminary ruling from the Tribunal de Police de Neufchâteau in the criminal proceedings against Claude Nadin, Nadin-Lux SA and Jean-Pascal Durré (Free movement of persons and services — Concept of 'worker' — Condition of a relationship of subordination — Motor vehicle — Made available to the worker by the employer — Vehicle registered abroad — Employer established in another Member State — Registration and taxation of the motor vehicle)

25.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 48/5
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 15 December 2005
   in Joined Cases C-151/04 and C-152/04; Reference for a preliminary ruling from the Tribunal de Police de Neufchâteau in the criminal proceedings against Claude Nadin, Nadin-Lux SA and Jean-Pascal Durré (1)
   
   (Free movement of persons and services - Concept of 'worker' - Condition of a relationship of subordination - Motor vehicle - Made available to the worker by the employer - Vehicle registered abroad - Employer established in another Member State - Registration and taxation of the motor vehicle)
   (2006/C 48/10)
   Language of the case: French
   In Joined Cases C-151/04 and C-152/04: reference for a preliminary ruling under Article 234 EC from the Tribunal de Police de Neufchâteau (Belgium), made by decision of 16 January 2004, received at the Court on 25 March 2004, in the criminal proceedings against Claude Nadin, Nadin-Lux SA (C-151/04) and Jean-Pascal Durré (C-152/04) — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann, N. Colneric (Rapporteur), J.N. Cunha Rodrigues and E. Levits, Judges; F.G. Jacobs, Advocate General, K. Sztranc, Administrator, for the Registrar, has given a judgment on 15 December 2005, the operative part of which is as follows:
   It is contrary to Article 43 EC for the domestic legislation of one Member State, such as the legislation at issue in the cases in the main proceedings, to require a self-employed worker residing in that Member State to register there a company vehicle made available to him by the company for which he works, established in another Member State, when it is not intended that that vehicle should be used essentially in the first Member State on a permanent basis and it is not, in fact, used in that manner.
   
      (1)  OJ C 106 of 30.04.2004.