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Document 62010CA0505

    Case C-505/10: Judgment of the Court (Third Chamber) of 10 November 2011 (reference for a preliminary ruling from the Højesteret, Denmark) — Partrederiet Sea Fighter v Skatteministeriet (Directive 92/81/EEC — Excise duties on mineral oils — Exemption — Concept of ‘navigation’ — Fuel used for an excavator affixed to a vessel and operating independently of the vessel’s engine)

    OJ C 25, 28.1.2012, p. 19–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    28.1.2012   

    EN

    Official Journal of the European Union

    C 25/19


    Judgment of the Court (Third Chamber) of 10 November 2011 (reference for a preliminary ruling from the Højesteret, Denmark) — Partrederiet Sea Fighter v Skatteministeriet

    (Case C-505/10) (1)

    (Directive 92/81/EEC - Excise duties on mineral oils - Exemption - Concept of ‘navigation’ - Fuel used for an excavator affixed to a vessel and operating independently of the vessel’s engine)

    (2012/C 25/31)

    Language of the case: Danish

    Referring court

    Højesteret

    Parties to the main proceedings

    Applicant: Partrederiet Sea Fighter

    Defendant: Skatteministeriet

    Re:

    Reference for a preliminary ruling — Højesteret — Interpretation of Art. 8(1)(c) of Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils (OJ 1992 L 316, p. 12) — Exemption for mineral oils used as fuel for the purposes of navigation — Concept of ‘for the purposes of navigation’ — Mineral oils used as fuel for an excavator which is affixed to a vessel but having its own separate motor and fuel tank and thus operating independently of the vessel’s propulsion motor.

    Operative part of the judgment

    Article 8(1)(c) of Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils, as amended by Council Directive 94/74/EC of 22 December 1994, must be interpreted as meaning that mineral oils supplied for use in an excavator which is affixed to a vessel but which, because it has its own separate motor and fuel tank, operates independently of the vessel’s propulsion engine, are not exempt from excise duties.


    (1)  OJ C 13, 15.1.2011.


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