EuGH · C-29/11

Subject of the case Operative part Subject of the case Re: Reference for a preliminary ruling – Tribunalul Suceava – Registration of second-hand motor vehicles previously registered in other Member States – National legislation making the first registration of such motor vehicles conditional upon payment of an environmental tax, whereas second-hand motor vehicles already present on the national market are exempt from payment of that tax on the occasion of re-registration – Whether the national legislation is compatible with the first and second paragraphs of Article 110 TFEU – Obstacle to the free movement of goods. Operative part Operative part Article 110 TFEU must be interpreted as precluding a Member State from introducing a pollution tax affecting motor vehicles on their first registration in that Member State, if that fiscal measure is so designed as to discourage the putting into service, in that Member State, of second-hand vehicles bought in other Member States, without, however, discouraging the purchase of second-hand vehicles of the same age and condition on the national market.