This document is an excerpt from the EUR-Lex website
Document 62021CJ0166
Judgment of the Court (Seventh Chamber) of 24 November 2022.
European Commission v Republic of Poland.
Failure of a Member State to fulfil obligations – Excise duties on alcohol and alcoholic beverages – Directive 92/83/EEC – Exemption from harmonised excise duty – Ethyl alcohol used for the production of medicines – Article 27(1)(d) – Exemption conditional on placing the alcohol under a duty suspension arrangement – No facility to obtain a refund of the excise duty paid – Principle of proportionality.
Case C-166/21.
Judgment of the Court (Seventh Chamber) of 24 November 2022.
European Commission v Republic of Poland.
Failure of a Member State to fulfil obligations – Excise duties on alcohol and alcoholic beverages – Directive 92/83/EEC – Exemption from harmonised excise duty – Ethyl alcohol used for the production of medicines – Article 27(1)(d) – Exemption conditional on placing the alcohol under a duty suspension arrangement – No facility to obtain a refund of the excise duty paid – Principle of proportionality.
Case C-166/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2022:922
Judgment of the Court (Seventh Chamber) of 24 November 2022 – Commission v Poland (Exemption from excise duty on alcohol used for the production of medicines)
(Case C‑166/21) ( 1 )
(Failure of a Member State to fulfil obligations – Excise duties on alcohol and alcoholic beverages – Directive 92/83/EEC – Exemption from harmonised excise duty – Ethyl alcohol used for the production of medicines – Article 27(1)(d) – Exemption conditional on placing the alcohol under a duty suspension arrangement – No facility to obtain a refund of the excise duty paid – Principle of proportionality)
1. |
Tax provisions – Harmonisation of laws – Excise duties – Directive 92/83 – Alcohol and alcoholic beverages – Exemptions from harmonised excise duty – Products used for the production of medicines – Concept (Council Directive 92/83, Art. 27(1)(d)) (see paragraph 42) |
2. |
Tax provisions – Harmonisation of laws – Excise duties – Directive 92/83 – Alcohol and alcoholic beverages – Exemptions from harmonised excise duty – Exemptions provided for in Article 27(1) of the Directive – Power of Member States to attach other conditions to those exemptions – Limits (Council Directive 92/83, Art. 27(1)) (see paragraphs 44-46) |
3. |
Tax provisions – Harmonisation of laws – Excise duties – Directive 92/83 – Alcohol and alcoholic beverages – Exemptions from harmonised excise duty – Ethyl alcohol used for the production of medicines – Exemption conditional on placing the alcohol under a duty suspension arrangement – Whether permissible – No obligation on Member States to adopt legislation providing for the refund of those excise duties (Council Directives 92/83, recitals 18 and 23 and Arts 25 and 27(1) and (6), and 2008/118, Art. 11) (see paragraphs 50-52, 54, 55, 57-62) |
Operative part
The Court
1. |
Dismisses the action; |
2. |
Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland; |
3. |
Orders the Czech Republic to bear its own costs. |
( 1 ) OJ C 148, 26.4.2021.