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Clean Car Auto Service GesmbH v. Landeshauptmann Von Wien

Case C-350/96, 1998 E.C.R. I-2521 (1998)

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Clean Car Auto Service GesmbH v. Landeshauptmann Von Wien

European Union Court of Justice
Case C-350/96, 1998 E.C.R. I-2521 (1998)

Facts

Clean Car Auto Service GesmbH (Clean Car) (plaintiff) was an Austrian company. Clean Car’s manager was a German national who lived in Germany. Clean Car applied to governmental authorities to register the business for the trade of motor-vehicle maintenance, as was legally required to engage in business. Clean Car’s application was rejected because, under Austrian law (the law), for a company to register to engage in business, the manager of the company must reside in Austria. The rationale for the law was to ensure that the manager could be served with notices of fines that could be enforced against the manager and that the business manager was in a position to act effectively for the business. Clean Car brought a lawsuit against the decision to reject the company’s application to register for trade.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

European Union Law

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