Weigel v Finanzlandesdirektion für Vorarlberg

Weigel v Finanzlandesdirektion für Vorarlberg (2004) C-387/01 is an EU law case, concerning the free movement of workers in the European Union.

53 A rule such as that at issue in the main proceedings applies without regard to the nationality of the worker concerned to all those who register a car in Austria and, accordingly, it is applicable without distinction.

55 However, the Treaty offers no guarantee to a worker that transferring his activities to a Member State other than the one in which he previously resided will be neutral as regards taxation.

Given the disparities in the legislation of the Member States in this area, such a transfer may be to the worker’s advantage in terms of indirect taxation or not, according to circumstance.

It follows that, in principle, any disadvantage, by comparison with the situation in which the worker pursued his activities prior to the transfer, is not contrary to Article 39 EC if that legislation does not place that worker at a disadvantage as compared with those who were already subject to it (see, in relation to social security, Joined Cases C‑393/99 and C-394/99 Hervein and Others [2002] ECR I-2829, paragraph 51).