Judgment of the Court (Third Chamber) of 11 December 2008 – Commission v Austria

(Case C‑524/07)

Failure of a Member State to fulfil obligations – Articles 28 EC and 30 EC – Registration of old used vehicles previously registered in other Member States – Technical requirements with regard to exhaust emissions and noise pollution – Public health – Protection of the environment

1. Approximation of laws – Motor vehicles – Community type-approval procedure – Directives 92/97 and 93/59 – Scope (Council Directives 92/97 and 93/59) (see paras 45-47)

2. Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC) (see paras 49-52, 56-64)

Re:

Operative part

The Court:

1. Declares that by requiring, for the purposes of their first registration in Austria, that motor vehicles previously registered in other Member States which have not undergone, because of their age, a Community type-approval procedure, comply with limit values in respect of pollutant emissions and noise which are stricter than those they initially had to comply with, in particular, the values laid down in Council Directive 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles and Council Directive 92/97/EEC of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles, although vehicles having the same characteristics and which are already authorised to use the roads in Austria are not subject to that requirement in cases of their re-registration in that Member State, the Republic of Austria has failed to fulfil its obligations under Article 28 EC ;

2. Orders the Republic of Austria to pay the costs.