Keywords
Summary

Keywords

Community law - Principles - Equal treatment - Discrimination on the ground of nationality - National legislation providing for a disproportionate difference in treatment between persons contravening the highway code according to the place of registration of the vehicle - Not permissible

(EC Treaty, Art. 6 (now, after amendment, Art. 12 EC)

Summary

$$A Member State which maintains in force a disproportionate difference in treatment between offenders based on the place of registration of their vehicles, by providing that where there is a breach of the highway code committed with a vehicle registered in that Member State, the offender has 60 days from the recording or notification of the offence in which to pay the minimum amount prescribed or to bring an appeal if he has not already paid the minimum amount, whereas where an infringement is committed with a vehicle registered in another State the offender must either immediately pay the minimum amount prescribed, or, if he wishes to contest the alleged infringement, he must provide security equal to twice the minimum amount, on pain of having his driving licence confiscated or his vehicle impounded, has failed to fulfil its obligations under Article 6 of the Treaty (now, after amendment, Article 12 EC).

( see paras 16, 29, operative part )