Eckehard Pastoors and Trans-Cap GmbH v Belgian State. [1997] EUECJ C-29/95 (23 January 1997)

Eckehard Pastoors and Trans-Cap GmbH v Belgian State. [1997] EUECJ C-29/95 (23 January 1997)

National legislation imposing higher security deposits and vehicle impounding only on non-residents opting for criminal proceedings is manifestly disproportionate and constitutes prohibited indirect discrimination under Article 6 EC Treaty.

Source-derived case information.

Citation
[1997] EUECJ C-29/95
Parties
Applicant: Trans-Cap GmbH; Applicant: Mr Pastoors; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
23 January 1997
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Article 6 EC Treaty precludes such national legislation.
Legal Topics
Discrimination, Equality, Road Transport Offences, Penalties, Proportionality
European Union Law Transport Law Criminal Law Discrimination Equality Road Transport Offences Penalties Proportionality

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Trans-Cap GmbH

Applicant

Mr Pastoors

Applicant

Belgian State

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether Article 6 EC Treaty and the principle of equality preclude national legislation imposing higher security deposits and vehicle impounding only on non-residents opting for criminal proceedings instead of immediate payment for road transport offences

Ratio Decidendi

National legislation imposing higher security deposits and vehicle impounding only on non-residents opting for criminal proceedings is manifestly disproportionate and constitutes prohibited indirect discrimination under Article 6 EC Treaty.

Court Disposition

Article 6 EC Treaty precludes such national legislation.

Orders

  • National legislation imposing higher security deposits and vehicle impounding only on non-residents opting for criminal proceedings is prohibited under Article 6 EC Treaty.
  • Decision on costs is a matter for the national court.