# C_2016419EN.01001901.xml

| 14.11.2016 | EN | Official Journal of the European Union | C 419/19 |
| --- | --- | --- | --- |

14.11.2016

EN

Official Journal of the European Union

C 419/19

---

Judgment of the Court (Sixth Chamber) of 21 September 2016 (request for a preliminary ruling from the Hof van beroep te Brussel — Belgium) — Criminal proceedings against Etablissements Fr. Colruyt NV

(Case C-221/15) (1)

1

((Reference for a preliminary ruling - Directive 2011/64/EU - Article 15(1) - Free determination, by the manufacturers and importers, of the maximum retail selling prices of manufactured tobacco products - National regulation prohibiting the sale of such products by retailers at prices lower than those indicated on the revenue stamp - Free movement of goods - Article 34 TFEU - Selling arrangements - Article 101 TFEU, read in conjunction with Article 4(3) TEU))

(2016/C 419/23)

Language of the case: Dutch

Referring court

Referring court

Hof van beroep te Brussel — Belgium

Party in the main proceedings

Party in the main proceedings

Etablissements Fr. Colruyt NV

Operative part of the judgment

Operative part of the judgment

| 1. | Article 15(1) of Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which prohibits retailers from selling tobacco products at a unit price lower than the price indicated by the manufacturer or importer on the revenue stamp affixed to those products, in so far as that price has been freely determined by the manufacturer or importer. |
| --- | --- |

1.

Article 15(1) of Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which prohibits retailers from selling tobacco products at a unit price lower than the price indicated by the manufacturer or importer on the revenue stamp affixed to those products, in so far as that price has been freely determined by the manufacturer or importer.

| 2. | Article 34 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which prohibits retailers from selling tobacco products at a unit price lower than the price indicated by the manufacturer or importer on the revenue stamp affixed to those products, in so far as that price has been freely determined by the importer. |
| --- | --- |

2.

Article 34 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which prohibits retailers from selling tobacco products at a unit price lower than the price indicated by the manufacturer or importer on the revenue stamp affixed to those products, in so far as that price has been freely determined by the importer.

| 3. | Article 101 TFEU, read in conjunction with Article 4(3) TEU, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which prohibits retailers from selling tobacco products at a unit price lower than the price indicated by the manufacturer or importer on the revenue stamp affixed to those products. |
| --- | --- |

3.

Article 101 TFEU, read in conjunction with Article 4(3) TEU, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which prohibits retailers from selling tobacco products at a unit price lower than the price indicated by the manufacturer or importer on the revenue stamp affixed to those products.

---

(1)  OJ C 262, 10.8.2015.

1

---