Criminal proceedings against U.
Date: 2017-05-31
13


As a preliminary point, as regards the provisions of the Treaty applicable to the case in the main proceedings, it is important to note that a national of the Union, such as Mr U, working for an institution or body thereof in a Member State other than his Member State of origin falls within the scope of Article 45 TFEU (see, to that effect, judgments of 3 October 2000, Ferlini, C‑411/98, EU:C:2000:530, paragraph 42; of 16 December 2004, My, C‑293/03, EU:C:2004:821, paragraph 47; and of 6 October 2016, Adrien and Others, C‑466/15, EU:C:2016:749, paragraphs 24 and 25).
16


As for Article 18 TFEU, it applies independently only to situations governed by EU law for which the Treaty lays down no specific rules of non-discrimination. In relation to the freedom of movement for workers, the principle of non-discrimination was implemented by Article 45 TFEU (see, to that effect, judgment of 25 October 2012, Prete, C‑367/11, EU:C:2012:668, paragraphs 18 and 19).
17


Lastly, Article 20 TFEU, while establishing citizenship of the Union, merely provides that citizens of the Union enjoy the rights conferred by the Treaty and are subject to the duties imposed thereby. It cannot therefore be applied independently of the specific provisions of the Treaty which govern the rights and the duties of the citizens of the Union (see, to that effect, judgment of 16 December 2004, My, C‑293/03, EU:C:2004:821, paragraph 32).
20


In that regard, first, Article 45 TFEU precludes any measure which, albeit applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by EU nationals of the fundamental freedoms guaranteed by the Treaty (judgment of 6 October 2016, Adrien and Others, C‑466/15, EU:C:2016:749 paragraph 26 and the case-law cited). Consequently, a restriction of freedom of movement for persons, even of limited scope or minor importance, is prohibited by Article 45 TFEU (see, to that effect, judgment of 12 July 2012, Commission v Spain, C‑269/09, paragraph 55 and the case-law cited).
21


Next, the Court has previously held that the obligation, imposed on workers residing in a Member State, to register, in that Member State, a company vehicle made available to them by a company established in another Member State, constituted an obstacle to the free movement of workers (see, to that effect, judgments of 15 September 2005, Commission v Denmark, C‑464/02, EU:C:2005:546, paragraphs 46 and 52, and of 15 December 2005, Nadin and Nadin-Lux, C‑151/04 and C‑152/04, EU:C:2005:775, paragraph 36).
22


In addition, the Court has held that, even if it applies irrespective of the nationality of the workers concerned, legislation that affects not only the access of workers to the labour market but also the conditions in which an economic activity is pursued may constitute an obstacle to freedom of movement for workers (judgment of 15 September 2005, Commission v Denmark, C‑464/02, EU:C:2005:546, paragraphs 36 and 37).
23


Lastly, in the context of proceedings concerning the application of Article 3 of the Royal Decree of 20 July 2001 at issue in the case in the main proceedings, the Court held, in essence, that the Member States might lay down an obligation to register under that article, in respect of a company vehicle made available to a self-employed worker resident in Belgium and already registered in another Member State, if it was intended that that vehicle should be used essentially in the first Member State on a permanent basis or if it was in fact used in that manner (see, to that effect, judgment of 15 December 2005, Nadin and Nadin-Lux, C‑151/04 and C‑152/04, EU:C:2005:775, paragraphs 41 to 43).
29


Thus, national legislation, such as that at issue in the main proceedings, could be accepted only as a derogation expressly provided for in Article 45(3) TFEU or if it pursued a legitimate aim compatible with the Treaty and justified by overriding reasons relating to the public interest. Nevertheless, in such a situation, their application would still have to be apt to ensure attainment of the object in question and not go beyond what was necessary for that purpose (judgment of 15 September 2005, Commission v Denmark, C‑464/02, EU:C:2005:546, paragraph 53).