CELEX: 62008CB0364
Language: en
Date: 2008-10-24 00:00:00
Title: Case C-364/08: Order of the Court (Eighth Chamber) of 24 October 2008 (reference for a preliminary ruling from the Tribunal de Première Instance d'Arlon — Belgium) — Vandermeir v État belge — SPF Finances (First subparagraph of Article 104(3) of the Rules of Procedure — Freedom of establishment — Article 43 EC — Freedom to provide services — Article 49 EC — Motor vehicles — Use by a person residing in a Member State of a motor vehicle registered in another Member State — Taxation of that vehicle in the first Member State)

24.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/10
            
         Order of the Court (Eighth Chamber) of 24 October 2008 (reference for a preliminary ruling from the Tribunal de Première Instance d'Arlon — Belgium) — Vandermeir v État belge — SPF Finances
   (Case C-364/08) (1)
   
   (First subparagraph of Article 104(3) of the Rules of Procedure - Freedom of establishment - Article 43 EC - Freedom to provide services - Article 49 EC - Motor vehicles - Use by a person residing in a Member State of a motor vehicle registered in another Member State - Taxation of that vehicle in the first Member State)
   (2009/C 19/17)
   Language of the case: French
   Referring court
   Tribunal de Première Instance d'Arlon
   Parties
   
      Applicant: Marc Vandermeir
   
      Defendant: État belge — SPF Finances
   Re:
   Reference for a preliminary ruling — Tribunal de Première Instance d'Arlon — Interpretation of Article 43 and/or Article 49 EC — National provision of a Member State which requires a self-employed worker residing in that State to register his vehicle there which is already registered in another Member State in which he exercises his independent professional activity — Restriction on the freedom of establishment and/or to provide services
   Operative part
   Articles 43 EC and 49 EC must be interpreted as prohibiting national legislation of a Member State, such as that at issue in the main proceedings, according to which a self-employed worker residing in that Member State is required to register there a vehicle leased from a company established in another Member State, when it is not intended that that vehicle should be used primarily in the first Member State on a permanent basis and it is not, in fact, used in that manner.
   
      (1)  OJ C 260, 11.10.2008.