CELEX: C2007/269/12
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-297/05: Judgment of the Court (First Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of the Netherlands (Identification and compulsory roadworthiness test prior to registration of vehicles in a Member State — Articles 28 EC and 30 EC — Directives 96/96/EC and 1999/37/EC — Recognition of registration certificates issued and roadworthiness tests conducted in other Member States)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/6
            
         Judgment of the Court (First Chamber) of 20 September 2007 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-297/05) (1)
   
   (Identification and compulsory roadworthiness test prior to registration of vehicles in a Member State - Articles 28 EC and 30 EC - Directives 96/96/EC and 1999/37/EC - Recognition of registration certificates issued and roadworthiness tests conducted in other Member States)
   (2007/C 269/12)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. van Beek and D. Zijlstra, acting as Agents)
   
      Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and D.J.M. de Grave, acting as Agents)
   
      Intervener in support of the defendant: Republic of Finland (represented by: E. Bygglin, acting as Agent)
   Re:
   Failure of a Member State to fulfil obligations — Breach of Articles 28 EC and 30 EC — Motor vehicles already registered in another Member State required to undergo a technical examination prior to their registration in the Netherlands
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by requiring vehicles which are more than three years old and which have previously been registered in other Member States to undergo testing as to their general condition prior to registration in the Netherlands, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 28 EC and 30 EC;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders the Commission of the European Communities, the Kingdom of the Netherlands and the Republic of Finland to bear their own respective costs.
            
         
      (1)  OJ C 296, of 26.11.2005.