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5.3.2011   

EN

Official Journal of the European Union

C 72/7


Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 December 2010 — Staatssecretaris van Financiën v L.A.C. van Putten

(Case C-578/10)

2011/C 72/11

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applellant: Staatssecretaris van Financiën

Other party: L.A.C. van Putten

Question referred

In the light of Article 18 EC (now Article 21 TFEU), does Community law govern a situation in which a Member State levies a tax on the first use on the road network in its territory of a vehicle which is registered in another Member State, has been borrowed from a resident of that other Member State and has been driven by a resident of the first Member State in the territory of that Member State?