References: C-524/07, [2008] EUECJ C-524/07
Links: Bailii
Ratio: ECJ (Judgment Of The Court (Third Chamber)) Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Registration of old used vehicles previously registered in other Member States – Technical requirements with regard to exhaust emissions and noise pollution – Public health – Protection of the environment
1. Approximation of laws – Motor vehicles – Community type-approval procedure – Directives 92/97 and 93/59 – Scope (Council Directives 92/97 and 93/59) (see paras 45-47)
2. Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 49-52, 56-64)
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 28 and 30 EC – National rules making the registration of imported used vehicles previously registered in other Member States contingent upon compliance with certain technical requirements, although used vehicles already on the national market and having the same characteristics are not subject to such requirements in cases of re-registration
Last Update: 28 January 2019
Ref: 526340
The post Commission Of The European Communities v Republic Of Austria: ECJ 11 Dec 2008 appeared first on swarb.co.uk.