23.3.2015
EN
Official Journal of the European Union
C 96/3
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 18 December 2014 — Benjámin Dávid Nagy v Vas Megyei Rendőr-főkapitányság
(Case C-583/14)
(2015/C 096/04)
Language of the case: Hungarian
Referring court
Szombathelyi Közigazgatási és Munkaügyi Bíróság
Parties to the main proceedings
Applicant: Benjámin Dávid Nagy
Defendant: Vas Megyei Rendőr-főkapitányság
Questions referred
1.
Should Article 18 TFEU be interpreted as precluding a provision of the law of a Member State such as that figuring in the main proceedings according to which, as a rule, only vehicles that have administrative authorisation and registration plates granted by the authorities of that Member State may be used on the roads in the Member State, and a person resident in the Member State who is not a worker within the meaning of EU law and who seeks exemption from that provision on the grounds that he is using a vehicle made available to him by an undertaking established in another Member State is required to prove on the spot the lawfulness of its use under the law of the Member State concerned, during a police inspection, on pain of an immediate fine from which no exemption is possible, the amount of which is equivalent to the fine that may be imposed for failure to register the vehicle?
2.
Should Article 20(2)(a) TFEU be interpreted as precluding a provision of the law of a Member State such as that figuring in the main proceedings according to which, as a rule, only vehicles that have administrative authorisation and registration plates granted by the authorities of that Member State may be used on the roads in the Member State, and a person resident in the Member State who is not a worker within the meaning of EU law and who seeks exemption from that provision on the grounds that he is using a vehicle made available to him by an undertaking established in another Member State is required to prove on the spot the lawfulness of its use under the law of the Member State concerned, during a police inspection, on pain of an immediate fine from which no exemption is possible, the amount of which is equivalent to the fine that may be imposed for failure to register the vehicle?
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