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Document 62008CA0197
Case C-197/08: Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 95/59/EC — Taxes other than turnover taxes which affect the consumption of manufactured tobacco — Article 9(1) — Free determination, by manufacturers and importers, of the maximum retail selling prices of their products — National legislation imposing a minimum retail selling price for cigarettes — National legislation prohibiting the sale of tobacco products at a promotional price which is contrary to public health objectives — Concept of national systems of legislation regarding the control of price levels or the observance of imposed prices — Justification — Protection of public health — World Health Organisation Framework Convention on Tobacco Control)
Case C-197/08: Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 95/59/EC — Taxes other than turnover taxes which affect the consumption of manufactured tobacco — Article 9(1) — Free determination, by manufacturers and importers, of the maximum retail selling prices of their products — National legislation imposing a minimum retail selling price for cigarettes — National legislation prohibiting the sale of tobacco products at a promotional price which is contrary to public health objectives — Concept of national systems of legislation regarding the control of price levels or the observance of imposed prices — Justification — Protection of public health — World Health Organisation Framework Convention on Tobacco Control)
Case C-197/08: Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 95/59/EC — Taxes other than turnover taxes which affect the consumption of manufactured tobacco — Article 9(1) — Free determination, by manufacturers and importers, of the maximum retail selling prices of their products — National legislation imposing a minimum retail selling price for cigarettes — National legislation prohibiting the sale of tobacco products at a promotional price which is contrary to public health objectives — Concept of national systems of legislation regarding the control of price levels or the observance of imposed prices — Justification — Protection of public health — World Health Organisation Framework Convention on Tobacco Control)
OJ C 113, 1.5.2010, p. 6–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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1.5.2010 |
EN |
Official Journal of the European Union |
C 113/6 |
Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v French Republic
(Case C-197/08) (1)
(Failure of a Member State to fulfil obligations - Directive 95/59/EC - Taxes other than turnover taxes which affect the consumption of manufactured tobacco - Article 9(1) - Free determination, by manufacturers and importers, of the maximum retail selling prices of their products - National legislation imposing a minimum retail selling price for cigarettes - National legislation prohibiting the sale of tobacco products ‘at a promotional price which is contrary to public health objectives’ - Concept of ‘national systems of legislation regarding the control of price levels or the observance of imposed prices’ - Justification - Protection of public health - World Health Organisation Framework Convention on Tobacco Control)
2010/C 113/07
Language of the case: French
Parties
Applicant: European Commission (represented by: R. Lyal and W. Mölls, Agents)
Defendant: French Republic (represented by: G. de Bergues, J. S. Pilczer, J.-C. Gracia and B. Beaupère-Manokha, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (OJ 1995 L 291, p. 40) — Fixing of minimum prices — Hindrance to free movement of goods — Protection of public health — Relevance of the World Health Organisation Framework Convention on Tobacco Control (OJ 2004 L 213, p. 8)
Operative part of the judgment
The Court:
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1. |
Declares that, by adopting and maintaining in force a system of minimum prices for the retail sale of cigarettes released for consumption in France and a prohibition on selling tobacco products ‘at a promotional price which is contrary to public health objectives’, the French Republic has failed to fulfil its obligations under Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco, as amended by Council Directive 2002/10/EC of 12 February 2002; |
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2. |
Orders the French Republic to pay the costs. |