Order of the Court (Seventh Chamber) of 27 April 2012—Notermans v Boddenberg(Case C-114/11
Fecha: 27-Abr-2012
Order of the Court (Seventh Chamber) of 27 April 2012—
Notermans v Boddenberg
(Case C-114/11)
Articles 18 EC and 39 EC— Motor vehicles— Use in one Member State of a private motor vehicle registered in another Member State— That vehicle taxed in the first Member State on its first use on the national road network— Vehicle taken at the time of moving to the first Member State and used for both private use and for going to the place of work situated in the second Member State
Freedom of movement for persons— Workers— Equal treatment— Worker employed in one Member State and having transferred his residence to another Member State (Art. 39 EC) (see para. 33, operative part)
Re:
| Reference for a preliminary ruling— Hoge Raad der Nederlanden— Interpretation of Articles 18EC and 39EC (now Articles 21TFEU and 45TFEU)— National rules requiring payment of a registration tax on the first use of a vehicle on the national road network— Liability to that tax of a person who has transferred residence from another Member State, is a national of that Member State and uses, on a permanent basis, a vehicle registered there, and included in the transfer of residence, for purposes of private and work-related use involving work-related travel to that other Member State. |
Operative part
Article 39 EC must be interpreted as not precluding legislation of a Member State that requires its residents who have moved from another Member State and have brought with them a vehicle registered in that latter Member State, on the first use of that vehicle on the national road network, to pay a tax normally due on the registration of a vehicle in the first Member State, when that vehicle is essentially used permanently in the territory of that first Member State, even if that use includes journeys by those residents to their place of work in the second Member State.