CELEX: C1997/212/05
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Case C-329/95: (reference to the Court for a preliminary ruling by the Länsrätten i Stockholms län): Administrative proceedings brought by VAG Sverige AB (Vehicle registration - National exhaust emission certificate - Compatibility with Directive 70/156/EEC)

12 . 7 . 97              EN                 Official Journal of the European Communities                                   No C 212/3
                JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                        ( Sixth Chamber)
                          of 29 May 1997                                                          of 29 May 1997
                                                                       in Case C-386/95 (reference for a preliminary ruling from
in Case C-329/95 :            (reference to the Court for a
                                                                       the Bundesverwaltungsgericht ): Süleyman Eker v. Land
preliminary ruling by the Läsräten i Stockholms lan ):                                       Baden-Württemberg (')
  Administrative proceedings brought by VAG Sverige AB ( 1 )
                                                                       (EEC-Turkey Association Agreement — Decision of the
(Vehicle registration — National exhaust emission                      Association Council — Free movement of workers —
    certificate — Compatibility with Directive 70/156/EEC)             Renewal of residence permit after one year's legal
                                                                       employment — Employment with two employers in
                            ( 97IC 212/05 )                                                             succession)
                                                                                                     ( 97/C 212/06 )
                 (Language of the case: Swedish)
                                                                                       (Language of the case: German)
    (Provisional translation; the definitive translation will be          (Provisional translation; the definitive translation will be
            published in the European Court Reports)                             published in the European Court Reports)
                                                                       In Case T-386/95 : reference to the Court pursuant to
In Case C-329/95 : reference to the Court pursuant to                  Article 177 of the EC Treaty from the Bundesverwaltungs­
Article 177 of the EC Treaty by the Läsräten i Stock­                  gericht ( Federal Administrative Court ) ( Germany ), for a
 holms lan ( Sweden ) for a preliminary ruling in the                  preliminary ruling in the proceedings pending before that
 administrative proceedings brought before that court by                court between Süleyman Eker and Land Baden-Württem­
VAG Sverige AB — on the interpretation of Council                       berg, joined to the proceedings : the Oberbundesanwalt
 Directive 70/156/EEC of 6 February 1970 on the                         beim Bundesverwaltungsgericht and the Vertreter des
 approximation of the laws of the Member States relating                öfentlichen Interesses bei den Gerichten der allgemeinen
 to the type-approval of motor vehicles and their trailers              Verwaltungsgerichtsbarkeit in Baden-Württemberg — on
 ( Official Journal, English Special Edition 1970 I, p. 96 )            the interpretation of the first indent of Article 6 ( 1 ) of
 and Articles 30 and 36 of the EC Treaty — the Court                    Decision No 1/80 of 19 September 1980 on the
 ( Fifth Chamber) composed of: J. C. Mointinho de                       development of the Association, adopted by the Council
 Almeida, President of the Chamber, C. Gulmann, D. A. O.                of Association established by the Association Agreement
 Edward, J. -P. Puissochet and M. Wathelet ( Rapporteur ),              between the European Economic Community and Turkey
 Judges; G. Tesauro, Advocate-General; H. von Holstein,                 — the Court ( Sixth Chamber), composed of: G. F.
 Deputy Registrar, gave a judgment on 29 May 1997, in                   Mancini, President of the Chamber, J. L. Murray, P. J. G.
 which it ruled :                                                       Kapteyn, H. Ragnemalm and R. Schintgen ( Rapporteur ),
                                                                        Judges; M. B. Elmer, Advocate-General; L. Hewlett,
                                                                        Administrator, for the Registrar, has given a judgment on
                                                                        29 May 1997, in which it has ruled :
  Council Directive 70/156/EEC of 6 February 1970 on the
 approximation of the laws of the Member States relating
  to the type-approval of motor vehicles and their trailers,             The first indent of Article 6 (1 ) of Decision No 1 /80 of
 as amended by Council Directive 92/53/EEC of 18 June                    19 September 1980 on the development of the Association
  1992, must be interpreted as precluding national                      adopted by the Council of Association established by the
  legislation under which motor vehicles covered by a valid             Association Agreement between the European Economic
  Community type-approval certificate cannot be registered               Community and Turkey must be interpreted as making the
  unless a national certificate is produced attesting to their           extension of a Turkish worker's residence permit in the
  conformity with national requirements concerning exhaust               host Member State subject to his having been legally
  emissions .                                                            employed continuously for one year with the same
                                                                         employer.
   (') OJ No C 351 , 30 . 12 . 1995 .
                                                                         (') OJ No C 31 , 3 . 2 . 1996 .