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The Supreme Administrative Court has requested the Court of Justice of the European Union to provide a preliminary ruling in a case concerning registration of used wheel tractors in Lithuania.

The request has been made in proceedings concerning an action seeking the annulment of acts adopted by Vilnius city municipality administration. By the disputed acts Vilnius city municipality administration has refused to register tractors ‘Belarus’ imported from Belorussia in the Register of Tractors, Self-propelled and Agricultural Vehicles and Their Trailers, since the applying company has not submitted documents proving that the tractors comply with the requirements of the Rules on registration of tractors, self-propelled and agricultural vehicles and their trailers approved by order of the Minister of Agriculture (hereafter – the Rules).

According to the Rules, used wheel tractors made in non-EU countries after 1 July 2009 and not registered in an EU country, can be registered in Lithuania only if they comply with the requirements of the Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (hereafter – Directive 2003/37/EC).

The Court raised a question whether Directive 2003/37/EC applies to registration and supply to the EU market of used or not new vehicles that have been made outside the EU, and whether EU Member States may apply national rules and impose specific requirements for registration of such vehicles (e. g. a requirement to comply with Directive 2003/37/EC). According to a five-judge panel of the Supreme Administrative Court, provisions of Directive 2003/37/EC are also unclear as to whether 1 July 2009 is the date starting from which Member States must apply this directive to the indicated vehicles, or whether it is a date the vehicles made after which must comply with the requirements of the directive. The court also questioned whether according to Directive 2003/37/EC entry into service of the vehicle may be considered to occur on the date of its manufacture.

Given the questions on interpretation of EU law that arose in the proceedings, the Supreme Administrative Court has decided to refer the case to the Court of Justice of the European Union requesting to provide a preliminary ruling thereon.

For more information see the website of the Supreme Administrative Court of Lithuania www.lvat.lt  Case No. I-10-143-2015. Please indicate the source when using this content.