CELEX: C2006/178/20
Language: en
Date: 2006-07-29 00:00:00
Title: Case C-435/04: Order of the Court (Fourth Chamber) of  30 May 2006  — (reference for a preliminary ruling from the Cour de cassation, Belgium) — Criminal proceedings against Sébastien Victor Leroy (First subparagraph of Article 104(3) of the Rules of Procedure — Vehicle leasing — Prohibition on using in a Member State a vehicle belonging to a leasing company established in another Member State and registered in that State — Permanent use on the territory of the first Member State)

29.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/12
            
         Order of the Court (Fourth Chamber) of 30 May 2006 — (reference for a preliminary ruling from the Cour de cassation, Belgium) — Criminal proceedings against Sébastien Victor Leroy
   (Case C-435/04) (1)
   
   (First subparagraph of Article 104(3) of the Rules of Procedure - Vehicle leasing - Prohibition on using in a Member State a vehicle belonging to a leasing company established in another Member State and registered in that State - Permanent use on the territory of the first Member State)
   (2006/C 178/20)
   Language of the case: French
   Referring court
   Cour de cassation
   Criminal proceedings against
   Sébastien Victor Leroy
   Action
   Reference for a preliminary ruling — Cour de cassation, Belgium — Interpretation of Articles 49 to 55 of the EC Treaty with regard to national legislation prohibiting, on pain of criminal penalties, a person who resides and works in the national territory from using a vehicle which belongs to a leasing company established in another Member State and registered in that State
   Operative part of the judgment
   Articles 49 EC to 55 EC do not preclude the domestic legislation of a Member State, such as that at issue in the main proceedings, from prohibiting a person who resides and works in that State from using, in that State, a vehicle which he has rented from a leasing company established in another Member State, when that vehicle has not been registered in the first State and it is intended that it should be used there essentially on a permanent basis or is, in fact, used in that manner.
   
      (1)  OJ C 300, 4.12.2004.