CELEX: 62020CA0274
Language: en
Date: 2021-12-16 00:00:00
Title: Case C-274/20: Judgment of the Court (Sixth Chamber) of 16 December 2021 (request for a preliminary ruling from the Giudice di pace di Massa — Italy) — GN, WX v Prefettura di Massa Carrara — Ufficio Territoriale del Governo di Massa Carrara (Reference for a preliminary ruling — Article 63 TFEU — Free movement of capital — Road traffic — Registration and taxation of motor vehicles — Driver residing in a Member State — Vehicle registered in another Member State — Vehicle provided free of charge for a short period — National legislation prohibiting persons who have resided in Italy for more than 60 days from driving in that Member State a vehicle registered in another country)

21.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 84/15
            
         
      Judgment of the Court (Sixth Chamber) of 16 December 2021 (request for a preliminary ruling from the Giudice di pace di Massa — Italy) — GN, WX v Prefettura di Massa Carrara — Ufficio Territoriale del Governo di Massa Carrara
      (Case C-274/20) (1)
      
      (Reference for a preliminary ruling - Article 63 TFEU - Free movement of capital - Road traffic - Registration and taxation of motor vehicles - Driver residing in a Member State - Vehicle registered in another Member State - Vehicle provided free of charge for a short period - National legislation prohibiting persons who have resided in Italy for more than 60 days from driving in that Member State a vehicle registered in another country)
      (2022/C 84/16)
      Language of the case: Italian
      
         Referring court
      
      Giudice di pace di Massa
      
         Parties to the main proceedings
      
      
         Applicants: GN, WX
      
         Defendant: Prefettura di Massa Carrara — Ufficio Territoriale del Governo di Massa Carrara
      
         Operative part of the judgment
      
      Article 63(1) TFEU must be interpreted as precluding legislation of a Member State which prohibits any person who has established his or her residence in that Member State for more than 60 days from driving in that Member State a motor vehicle registered in another Member State, irrespective of the person in whose name that vehicle is registered, without any account being taken of the duration of the use of that vehicle in the first Member State and without the person concerned being able to invoke any right to exemption where that same vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor is, in fact, used in that manner.
      
         (1)  OJ C 297, 7.9.2020.