1. 

Freedom of establishment – Restrictions – Person residing in the national territory and being the manager of a company established in another Member State or a freelancer – Use of a vehicle registered in that other Member State – National legislation which provides, on pain of a fine, that certain documents must be permanently held on board that vehicle – Documents certifying that the person concerned satisfies the conditions for the application of the derogation from the requirement to register in the Member State of residence – Unlawful – No justification – Breach of principle of proportionality

(Art. 49 TFEU)

(see paragraphs 28-30, 32-37, 39-50, operative part 1))

2. 

Freedom of establishment – Restrictions – Person residing in the national territory and being the partner and manager of a company established in another Member State – Use of a vehicle registered in that other Member State – National legislation of the Member State of residence requiring that person to register his or her vehicle there – Person concerned not receiving any salary or income from that undertaking – Person concerned unable to prove the role he or she has within that undertaking – Unlawful – Condition – Vehicle not intended to be used essentially in the Member State of residence nor used in that manner

(Art. 49 TFEU)

(see paras 45-50, and operative part 2))

1. 

Article 49 TFEU must be interpreted as precluding legislation of a Member State pursuant to which a manager of an undertaking or a freelancer, resident in that Member State, may rely on an exception to the obligation to register, in that Member State, a vehicle registered in another Member State and made available to him or her by an undertaking, with or without legal personality, established in that other Member State, only if the documents attesting that the person in question meets the conditions for the exception are at all times carried in that vehicle.

2. 

Article 49 TFEU must be interpreted as precluding legislation of a Member State which requires a partner and manager of an undertaking, resident in that Member State, who does not receive a salary or income from that undertaking, established in another Member State, to register a vehicle made available to him or her by the undertaking, without having the possibility of proving the role he or she has within the undertaking, provided that that vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor in fact used in that manner.