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Document C2004/228/50

    Case C-279/04: Reference for a preliminary ruling by the Retten i Hørsholm (Denmark) by order of that court of 4 June 2004 in the case of Anklagemyndigheden against Steffen Ryborg

    OB C 228, 11.9.2004, p. 25–25 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    11.9.2004   

    EN

    Official Journal of the European Union

    C 228/25


    Reference for a preliminary ruling by the Retten i Hørsholm (Denmark) by order of that court of 4 June 2004 in the case of Anklagemyndigheden against Steffen Ryborg

    (Case C-279/04)

    (2004/C 228/50)

    Reference has been made to the Court of Justice of the European Communities by the Retten i Hørsholm (Denmark), by order of 4 June 2004, which was received at the Court Registry on 28 June 2004, for a preliminary ruling in the case of Anklagemyndigheden against Steffen Ryborg.

    The Retten i Hørsholm asks the Court of Justice to give a preliminary ruling on the following questions:

    1.a.

    Are Article 39 EC, Article 49 EC and Article 10 EC to be interpreted as precluding a Member State from requiring registration of a motor vehicle when the vehicle belongs to an employer established in a neighbouring Member State and is used by an employee who is resident in the first-mentioned Member State for work purposes and during his free time in both Member States?

    1.b

    If in the assessment for question 1.a weight is to be accorded to whether any private use of the vehicle is ancillary to business use, which criteria should be used by the national court in determining whether the non-business use of the vehicle is ancillary to the business use, when it can be assumed that the vehicle is used for business purposes, see Case C-127/86 Yves Ledoux [1988] ECR 3741, paragraph 18?


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