Judgment_paragraph 32 · European Commission v Kingdom of Belgium (C-150/11)

32The Commission points out that it follows from the case-law of the Court that the disputed national legislation constitutes a measure having equivalent effect to a quantitative restriction on imports in that it deters certain individuals from importing such vehicles into Belgium (Case C-217/99 Commission v Belgium [2000] ECR I-10251, paragraph 18, and Case C-254/05 Commission v Belgium [2007] ECR I-4269, paragraph 30). Although it might be justified on grounds of road safety and environmental and consumer protection, that legislation is not, the Commission argues, proportionate. The same result could, it submits, be achieved by less restrictive measures, such as recognising the documents proving that a vehicle has undergone a roadworthiness test in another Member State, together with cooperation of the customs administration or the possibility for the Belgian authorities to issue a reservation, at the time of registration in Belgium of a vehicle previously registered in another Member State, informing the consumer that his vehicle has been registered on the basis of the roadworthiness test certificate from another Member State and may possibly have to undergo additional tests at a later date.