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Document C2012/399/06
Case C-164/11: Judgment of the Court (Eighth Chamber) of 25 October 2012 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period)
Case C-164/11: Judgment of the Court (Eighth Chamber) of 25 October 2012 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period)
Case C-164/11: Judgment of the Court (Eighth Chamber) of 25 October 2012 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period)
IO C 399, 22.12.2012, p. 4–5
(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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22.12.2012 |
EN |
Official Journal of the European Union |
C 399/4 |
Judgment of the Court (Eighth Chamber) of 25 October 2012 — European Commission v French Republic
(Case C-164/11) (1)
(Failure of a Member State to fulfil obligations - Directive 2003/96/EC - Taxation of energy products and electricity - Failure to transpose within the prescribed period)
2012/C 399/06
Language of the case: French
Parties
Applicant: European Commission (represented by: W. Mölls, acting as Agent)
Defendant: French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents)
Intervener in support of the defendant: Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to adapt its electricity taxation system to the provisions laid down by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51) — Application of a single rate on expiry of the transitional period
Operative part of the judgment
The Court:
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1. |
Declares that by failing to adopt the provisions necessary to adapt its electricity taxation system to the provisions laid down by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, despite the expiry of the transitional period provided for in the second subparagraph of Article 18(10) of that directive, the French Republic has failed to fulfil its obligations under that directive; |
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2. |
Orders the French Republic to pay the costs. |