CELEX: C2006/178/19
Language: en
Date: 2006-07-29 00:00:00
Title: Case C-291/04: Order of the Court (Fourth Chamber) of  2 May 2006  — (reference for a preliminary ruling from the Tribunal de police de Neufchâteau — Belgium) — Criminal proceedings against Henri Léon Schmitz (First subparagraph of Article 104(3) of the Rules of Procedure — Free movement of persons and services — Workers — Motor vehicle — Provided to worker by employer — Vehicle registered abroad — Employer established in another Member State )

29.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/12
            
         Order of the Court (Fourth Chamber) of 2 May 2006 — (reference for a preliminary ruling from the Tribunal de police de Neufchâteau — Belgium) — Criminal proceedings against Henri Léon Schmitz
   (Case C-291/04) (1)
   
   (First subparagraph of Article 104(3) of the Rules of Procedure - Free movement of persons and services - Workers - Motor vehicle - Provided to worker by employer - Vehicle registered abroad - Employer established in another Member State )
   (2006/C 178/19)
   Language of the case: French
   National court
   Tribunal de police de Neufchâteau
   Criminal proceedings against
   Henri Léon Schmitz
   Re:
   Reference for a preliminary ruling — Tribunal de police de Neufchâteau — Interpretation of Arts. 10, 39, 43 and 49 EC — National measure requiring a motor vehicle to be registered in that Member State if it is to be used by a resident even if it has been provided to that resident by the latter's employer, established in another Member State — Worker bound to his employer by an employment contract and simultaneously performing the functions of shareholder, administrator and person responsible for day-to-day administration, or an equivalent function
   Operative part of the judgment
   Article 43 EC precludes the national legislation of one Member State from obliging, as the legislation in the current criminal proceedings does, a self-employed person residing in that Member State to register a company vehicle provided to him by the company, established in another Member State, that employs him, when the company vehicle is neither actually intended to be used permanently in the first Member State nor is in fact used in that way.
   
      (1)  OJ C 217, 28.8.2004.