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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Gottwald (Principles of Community law) [2009] EUECJ C-103/08 (01 October 2009) URL: https://www.bailii.org/eu/cases/EUECJ/2009/C10308.html Cite as: [2009] EUECJ C-103/8, [2009] EUECJ C-103/08 |
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(Freedom of movement for persons Citizenship of the Union Article 12 EC Issue of an annual toll disc in respect of a motor vehicle free of charge to disabled persons Provisions restricting the issue of that disc to disabled persons resident or ordinarily resident in national territory)
In Case C-103/08,
REFERENCE for a preliminary ruling under Article 234 EC from the Unabhängiger Verwaltungssenat des Landes Vorarlberg (Austria), made by decision of 29 February 2008, received at the Court on 6 March 2008, in the proceedings
Arthur Gottwald
Bezirkshauptmannschaft Bregenz,
composed of P. Jann, President of the Chamber, M. Ilešič, A. Tizzano (Rapporteur), A. Borg Barthet and E. Levits, Judges,
Advocate General: J. Mazák,
Registrar: C. Strömholm, Administrator,
having regard to the written procedure and further to the hearing on 12 March 2009,
after considering the observations submitted on behalf of:
Mr Gottwald, by H. Frick and T. Dietrich, Rechtsanwälte,
the Austrian Government, by E. Riedl and G. Eberhard, acting as Agents,
the Commission of the European Communities, by N. Yerrell, G. Braun and D. Maidani, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 30 April 2009,
gives the following
Legal context
National legislation
'The use of stretches of toll road by single track motor vehicles and by multi-track motor vehicles with a maximum permissible total weight not exceeding 3.5 tonnes is subject to a time-dependent toll.'
'The time-dependent toll is to be paid prior to use of stretches of toll road by affixing a toll disc to the vehicle.'
'The Bundesamt für Soziales und Behindertenwesen (Federal Office for Social Affairs and the Disabled) must, upon application, make available to disabled persons resident or ordinarily resident in national territory having at least one registered multi-track motor vehicle with a maximum permissible total weight not exceeding 3.5 tonnes an annual disc for a motor vehicle of the specified category free of charge in so far as such persons possess a disabled persons' card pursuant to Paragraph 40 of the Bundesbehindertengesetz (Federal Law on Disabled Persons) on which is stated that they suffer from a permanent and serious lack of ability to walk, that they cannot reasonably use public means of transport because of permanent damage to health or that they are blind.'
'Drivers of motor vehicles who use stretches of toll road without having duly paid the time-dependent toll due under Paragraph 10 commit an administrative offence and are to be punished by a fine of between EUR 400 and EUR 4 000.'
The dispute in the main proceedings and the question referred for a preliminary ruling
'Is Article 12 EC to be interpreted as precluding the application of a provision of national law which provides that an annual disc in respect of a motor vehicle for the use of federal toll roads is made available free of charge only to those persons with a defined disability who are resident or ordinarily resident in national territory?'
The question referred
Admissibility
Substance
Costs
On those grounds, the Court (First Chamber) hereby rules:
Article 12 EC must be interpreted as meaning that it does not preclude a national rule, such as that at issue in the main proceedings, which restricts the issue of an annual toll disc free of charge to those disabled persons who are resident or ordinarily resident in the territory of the Member State concerned, including also those persons who regularly travel to that State for professional or personal reasons.
[Signatures]
* Language of the case: German.