CELEX: 62009CN0338
Language: en
Date: 2009-08-24 00:00:00
Title: Case C-338/09: Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 24 August 2009 — Yellow Cab Verkehrsbetriebs GmbH

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/24
            
         Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 24 August 2009 — Yellow Cab Verkehrsbetriebs GmbH
   (Case C-338/09)
   2009/C 282/42
   Language of the case: German
   
      Referring court
   
   Unabhängiger Verwaltungssenat Wien
   
      Parties to the main proceedings
   
   
      Applicant: Yellow Cab Verkehrsbetriebs GmbH
   
      Defendant: Magistrat der Stadt Wien
   
      Questions referred
   
   
               1.
            
            
               Is it compatible with the freedom of establishment and the freedom to provide services within the meaning of Article 49 et seq. EC and with EU competition law for the purposes of Article 81 et seq. EC for a provision of national law relating to the grant of authorisation to operate a motor vehicle service, and thus to provide public transport, where fixed stopping points are called at regularly in accordance with a timetable, to lay down the following as conditions for such authorisation:
               
                           (a)
                        
                        
                           that the EU undertaking making the application must already have a registered office or a branch in the State of the authorising authority before commencing operation of the service and in particular at the time the licence is granted;
                        
                     
                           (b)
                        
                        
                           that the EU undertaking making the application must already have a registered office or a branch in the State of the authorising authority at the latest from the time operation of the service commences?
                        
                     
         
               2.
            
            
               Is it compatible with the freedom of establishment and the freedom to provide services within the meaning of Article 49 et seq. EC and with EU competition law for the purposes of Article 81 et seq. EC for a provision of national law relating to the grant of authorisation to operate a motor vehicle service, and thus to provide public transport where fixed stops are called at regularly in accordance with a timetable, to provide that authorisation is to be refused where, if the motor vehicle service applied for commences, the revenues of a competing undertaking running on a partially or entirely identical short route will be so substantially reduced by this service that the continued running of the service operated by the competing undertaking will no longer be economically viable?