Subject of the case

Re:

Failure of a Member State to fulfil obligations – Breach of Article 28 EC – National legislation requiring imported second-hand vehicles to undergo a roadworthiness test prior to their registration, whereas domestic vehicles with the same characteristics are not subject to such a requirement.

Operative part

Operative part

The Court:

1. Declares that, by subjecting imported second-hand vehicles previously registered in other Member States to a roadworthiness test prior to their registration in Poland, the Republic of Poland has failed to fulfil its obligations under Article 28 EC;

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