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Document 62008CJ0571
Judgment of the Court (Third Chamber) of 24 June 2010. # European Commission v Italian Republic. # 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. # Case C-571/08.
Judgment of the Court (Third Chamber) of 24 June 2010.
European Commission v Italian Republic.
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.
Case C-571/08.
Judgment of the Court (Third Chamber) of 24 June 2010.
European Commission v Italian Republic.
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.
Case C-571/08.
Izvješća Suda EU-a 2010 I-00084*
ECLI identifier: ECLI:EU:C:2010:367
- Date of document:
- 24/06/2010
- Date lodged:
- 22/12/2008
- Author:
- Sud
- Country or organisation from which the request originates:
- Italija
- Form:
- Presuda
- Authentic language:
- talijanski
- Type of procedure:
- Tužba radi utvrđivanja povrede obveze - zahtjev usvojen
- Defendant:
- Italija
- Judge-Rapporteur:
- Šváby
- Advocate General:
- Kokott
- Treaty:
- Ugovor o funkcioniranju Europske unije
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Failure concerning 31995L0059 A09P1
- Instruments cited in case law:
-
- 11997E028: N 47
- 11997E029: N 47
- 11997E030: N 47
- 11997E099: N 49
- 11997E152-P1: N 50
- 31995L0059-A08P1: N 36
- 31995L0059-A09P1: N 38 40 44 50 54
- 31995L0059-C3: N 35
- 31995L0059-C7: N 37
- 32002L0010-C7: N 50 51
- 61998CJ0216: N 38
- 62005CJ0140: N 51
- 62008CJ0197: N 35 - 39 45 47 50 - 52
- 62008CJ0198: N 35
- 62008CJ0221: N 35
- Notes relating to the decision:
-
- Bouveresse, Aude: Réglementation nationale du prix du tabac, Europe 2010 Août-Septembre Comm. nº 271 p.16-17
- Berr, Claude J.: Produits du tabac, Journal du droit international 2011 p.530
- Subject matter:
- Case law directory code:
-
Judgment of the Court (Third Chamber) of 24 June 2010 – Commission v Italy
(Case C‑571/08)
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
Tax provisions – Harmonisation of laws – Taxes other than turnover taxes which affect the consumption of manufactured tobacco (Council Directive 95/59, Art. 9(1)) (see paras 39-40, 43, 47-52)
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
The Court:
|
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; |
|
2. |
Orders the Italian Republic to pay the costs. |
