C-464/02, Company Cars [2005]

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and pertains to restrictions on the use of company cars across member states.

1. Facts:

◦ A rule in Denmark stipulated that a company car provided to employees could only be used within Denmark. This restriction was challenged for potentially impeding the free movement of persons.

2. Outcome:

◦ The ECJ held that the rule violated Article 45 TFEU.

◦ The case adopted a market access test, assessing whether the rule impeded or hindered the ability of workers to move freely across member states.

3. Impact and Analysis

◦ Market Access Test: This case reflects a move toward evaluating whether national regulations restrict market access for individuals, emphasising the impact of such rules on the ability to exercise EU freedoms.