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14.8.2010 |
EN |
Official Journal of the European Union |
C 221/7 |
Judgment of the Court (Third Chamber) of 24 June 2010 — European Commission v Italian Republic
(Case C-571/08) (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 - Justification - Protection of public health)
2010/C 221/11
Language of the case: Italian
Parties
Applicant: European Commission (represented by: W. Mölls and L. Pignataro, acting as Agents)
Defendant: Italian Republic (represented by: I. Bruni, then by G. Palmieri, acting as Agents and F. Arena, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 9 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 minimum prices — Approval of prices.
Operative part of the judgment
The Court:
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1. |
Declares that, by providing for a minimum price for cigarettes, the Italian 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 Italian Republic to pay the costs. |