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Document 62003CJ0232

    Judgment of the Court (First Chamber) of 23 February 2006.
    Commission of the European Communities v Republic of Finland.
    Failure of a Member State to fulfil its obligations - Workers - Freedom of movement - Use of vehicles registered abroad and made available to the worker by the employer residing abroad.
    Case C-232/03.

    European Court Reports 2006 I-00027*

    ECLI identifier: ECLI:EU:C:2006:128

    Date of document:
    23/02/2006
    Date lodged:
    28/05/2003
    Author:
    Court of Justice
    Country or organisation from which the request originates:
    Finland
    Form:
    Judgment
    Authentic language:
    Finnish
    Type of procedure:
    Action for failure to fulfil obligations - successful, Action for failure to fulfil obligations - unfounded
    Defendant:
    Finland
    Judge-Rapporteur:
    Colneric
    Advocate General:
    Jacobs
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Case affecting:
    Instruments cited in case law:
    Notes relating to the decision:
    • Bernard, Elsa: Immatriculation et taxation des véhicules de fonction et de société, Europe 2006 Avril Comm. nº 113 p.17





    Judgment of the Court (First Chamber) of 23 February 2006 – Commission v Finland

    (Case C-232/03)

    Failure of a Member State to fulfil obligations – Workers – Freedom of movement – Use of vehicles registered abroad and made available to the worker by the employer residing abroad

    Freedom of movement for workers – Workers – Restrictions (Art. 39 EC) (see paras 49-52, 55, operative part 1)

    Re:

    Failure of a Member State to fulfil obligations – Articles 10 EC and 39 EC – Conditions for the use by workers residing in Finland and employed abroad of vehicles registered abroad and made available to them by the employer

    Operative part:

    The Court:

    1.

    Declares that, by preventing cross-frontier workers residing in Finland and employed in another Member State from benefiting from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State on the sole ground that the cross-frontier workers concerned reside on Finnish territory, into which the vehicles belonging to their employers have been imported,

    and

    by preventing the cross-frontier workers concerned from benefiting, for professional and private purposes, from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State, while those vehicles are neither intended to be used mainly in Finland on a permanent basis nor, in fact, used in that way, on the sole ground that those workers reside on Finnish territory, into which the vehicles belonging to their employers have been imported,

    the Republic of Finland has failed to fulfil its obligations under Article 39 EC;

    2.

    Dismisses the remainder of the application;

    3.

    Orders each party to bear its own costs;

    4.

    Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

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