1. 

Tax provisions — Harmonisation of laws — Taxation of energy products and electricity — Directive 2003/96 — Article 2(3), second subparagraph — Scope — Fuel additives coming under heading 3811 of the Combined Nomenclature — Included (Council Directive 2003/96, Art. 2(3), second para.) (see paras 28-31, operative part 1)

2. 

Tax provisions — Harmonisation of laws — Taxation of energy products and electricity — Directive 2003/96 — Article 2(3), second subparagraph — Direct effect (Council Directive 2003/96, Art. 2(3), second para.) (see paras 33-36, 38, operative part 2)

1. 

The second subparagraph of Article 2(3) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity must be construed as precluding national provisions, such as those in issue in the main proceedings, which impose excise duty on additives coming under heading 3811 of the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1031/2008 of 19 September 2008, at a rate which differs from that applied to the fuel to which they are added.

2. 

The second subparagraph of Article 2(3) of Directive 2003/96 must be interpreted as meaning that it may be relied on by an individual as against the competent national authority in the context of proceedings before a national court which seek to have set aside the application of national legal rules which are at variance with that provision.

1. 

Tax provisions — Harmonisation of laws — Taxation of energy products and electricity — Directive 2003/96 — Article 2(3), second subparagraph — Scope — Fuel additives coming under heading 3811 of the Combined Nomenclature — Included (Council Directive 2003/96, Art. 2(3), second para.) (see paras 28-31, operative part 1)

2. 

Tax provisions — Harmonisation of laws — Taxation of energy products and electricity — Directive 2003/96 — Article 2(3), second subparagraph — Direct effect (Council Directive 2003/96, Art. 2(3), second para.) (see paras 33-36, 38, operative part 2)

1. 

The second subparagraph of Article 2(3) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity must be construed as precluding national provisions, such as those in issue in the main proceedings, which impose excise duty on additives coming under heading 3811 of the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1031/2008 of 19 September 2008, at a rate which differs from that applied to the fuel to which they are added.

2. 

The second subparagraph of Article 2(3) of Directive 2003/96 must be interpreted as meaning that it may be relied on by an individual as against the competent national authority in the context of proceedings before a national court which seek to have set aside the application of national legal rules which are at variance with that provision.