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Belgium Luxembourg driving licence ECJ case.

The European Court of Justice has found in favour of two Belgian drivers working in Luxembourg who challenged a decision over vehicle registration by the Belgian government. Criminal proceedings had been brought against the two men for infringing Belgian laws requiring registration of company cars made available to them by Luxembourg-based companies. In both cases the men were able to prove they held legal possession of the vehicles. But one man was charged with having used a vehicle registered abroad in the name of a foreign owner to which he was linked by a contract of employment, without carrying a VAT certificate in the vehicle. The other, although allowed by the company to use the vehicle for private purposes, did not possess the relevant VAT certificate.

The European Court of Justice (First Chamber) said it was "contrary to Article 43 EC for the domestic legislation of one member state to require a self-employed worker residing in that member state to register there a company vehicle made available to him by the company for which he works... when it is not intended that that vehicle should be used essentially in the first member state on a permanent basis and it is not, in fact, used in that manner."
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Author:Osborn, Alan
Publication:International News Services.com
Date:Jan 1, 2006
Words:207
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