CELEX: 62008CJ0571
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

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.