CELEX: 62008CO0104
Language: en
Date: 2008-06-19 00:00:00
Title: Order of the Court (Seventh Chamber) of 19 June 2008.#Marc André Kurt v Bürgermeister der Stadt Wels.#Reference for a preliminary ruling: Unabhängiger Verwaltungssenat des Landes Oberösterreich - Austria.#Articles 92(1) and 104(3) of the Rules of Procedure - Fundamental freedoms - Charter of Fundamental Rights of the European Union - National legislation requiring the possession of a diploma for the issue of a permit to operate a driving school - Discrimination against own nationals as compared to nationals of other Member States.#Case C-104/08.

Order of the Court (Seventh Chamber) of 19 June 2008 – Kurt v Bürgermeister der Stadt Wels
      (Case C‑104/08)
      Articles 92(1) and 104(3) of the Rules of Procedure – Fundamental freedoms – Charter of Fundamental Rights of the European Union – National legislation requiring the possession of a diploma for the issue of a permit to operate a driving school – Discrimination against own nationals as compared to nationals of other Member States
      1.                     Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Provisions of the Treaty – Inapplicable
            in a situation which is purely internal to a Member State (Arts 12 EC, 43 EC and 49 EC) (see paras 19-24, operative part 1)
      2.                     Preliminary rulings – Jurisdiction of the Court – Limits (Art. 234 EC) (see paras 27-28)
      Re:
      
         
               Reference for a preliminary ruling – Unabhängiger Verwaltungssenat des Landes Oberösterreich – Interpretation of the fundamental
                  principles of the EC and EU Treaties and the fundamental freedoms thereunder, as well as Articles 16 and 20 of the Charter
                  of Fundamental Rights of the European Union – National legislation establishing a permit system for establishing, operating
                  and managing a driving school and establishing a diploma requirement – Discrimination against own nationals as compared to
                  nationals of other Member States who avail themselves of their rights under Community law and who do not necessarily have
                  to satisfy the diploma requirement.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	Articles 23 EC, 43 EC and 49 EC do not preclude legislation of a Member State which, in a situation such as that at issue
                     in the main proceedings, refuses to recognise professional qualifications acquired by a national of that Member State as equivalent
                     to the possession of the diploma required by that legislation for the purposes of operating a driving school as an independent
                     operator in that Member State.
                  
               
            
         
                  2.
               
               
                  
               
               
                  	The Court of Justice of the European Communities clearly has no jurisdiction to answer the second and third questions referred
                     by the Unabhängiger Verwaltungssenat des Landes Oberösterreich.