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Document 62017CA0591

Case C-591/17: Judgment of the Court (Grand Chamber) of 18 June 2019 — Republic of Austria v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Articles 18, 34, 56 and 92 TFEU — Legislation of a Member State prescribing an infrastructure use charge for passenger vehicles — Situation in which owners of vehicles registered in that Member State qualify for relief from motor vehicle tax in an amount corresponding to that charge)

OJ C 270, 12.8.2019, p. 4–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

12.8.2019   

EN

Official Journal of the European Union

C 270/4


Judgment of the Court (Grand Chamber) of 18 June 2019 — Republic of Austria v Federal Republic of Germany

(Case C-591/17) (1)

(Failure of a Member State to fulfil obligations - Articles 18, 34, 56 and 92 TFEU - Legislation of a Member State prescribing an infrastructure use charge for passenger vehicles - Situation in which owners of vehicles registered in that Member State qualify for relief from motor vehicle tax in an amount corresponding to that charge)

(2019/C 270/04)

Language of the case: German

Parties

Applicant: Republic of Austria (represented by: G. Hesse, J. Schmoll and C. Drexel, acting as Agents)

Defendant: Federal Republic of Germany (represented by: T. Henze and S. Eisenberg, acting as Agents, and by C. Hillgruber, Rechtsanwalt)

Intervener in support of the applicant: Kingdom of the Netherlands (represented by: J. Langer, J.M. Hoogveld and M.K. Bulterman, acting as Agents)

Intervener in support of the defendant: Kingdom of Denmark (represented by: J. Nymann-Lindegren and M. Wolff, acting as Agents)

Operative part of the judgment

The Court:

1.

Declares that the Federal Republic of Germany, by introducing the infrastructure use charge for passenger vehicles and by providing, simultaneously, a relief from motor vehicle tax in an amount at least equivalent to the amount of the charge paid, to the benefit of owners of vehicles registered in Germany, failed to fulfil its obligations under Articles 18, 34, 56 and 92 TFEU.

2.

Dismisses the action as to the remainder.

3.

Orders the Federal Republic of Germany to pay three quarters of the costs incurred by the Republic of Austria and to bear its own costs.

4.

Orders the Republic of Austria to bear one quarter of its own costs.

5.

Orders the Kingdom of the Netherlands and the Kingdom of Denmark to bear their own costs.


(1)  OJ C 402, 27.11.2017.


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