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Document C2005/296/22

Case C-297/05: Action brought on 22 July 2005 by the Commission of the European Communities against the Kingdom of the Netherlands

OB C 296, 26.11.2005, p. 11–11 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

26.11.2005   

EN

Official Journal of the European Union

C 296/11

Action brought on 22 July 2005 by the Commission of the European Communities against the Kingdom of the Netherlands

(Case C-297/05)

(2005/C 296/22)

Language of the case: Dutch

An action against the Kingdom of the Netherlands was brought before the Court of Justice of the European Communities on 22 July 2005 by the Commission of the European Communities, represented by Michel van Beek and Désirée Zijlstra, acting as Agents.

The applicant claims that the Court should:

1.

declare that, by requiring motor vehicles which have previously been registered in another Member State to undergo a technical examination before they can be registered in the Netherlands, where no such examination is required in the case where a motor vehicle previously registered in the Netherlands is transferred to the ownership or control of another person established there, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 28 EC and 30 EC;

2.

order the Kingdom of the Netherlands to pay the costs of the proceedings.

Pleas in law and main arguments

The technical examinations which the Netherlands require motor vehicles previously registered in another Member State to undergo as a precondition of entry in the national vehicle licence plate register cannot be justified in the light of the objectives mentioned in Article 30 EC or for the purpose of meeting any mandatory requirement as recognised in the Court's case-law.

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