Judgment — ECLI:EU:C:2010:817
Date: 2010-12-22
Language of the case: German
Court formation: Third Chamber
Subject matter: Taxation;Value added tax
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Austria

Judgment of the Court (Third Chamber) of 22 December 2010 - European Commission v Republic of Austria (Case C-433/09) 1 (Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - VAT - Taxable amount - Tax on the delivery of vehicles not yet registered in the Member State based on their value and their average consumption - 'Normverbrauchsabgabe') Language of the case: German Parties Applicant: European Commission (represented by: D. Triantafyllou, Agent) Defendant: Republic of Austria (represented by: E. Riedl and C. Pesendorfer, Agents) Re: Failure of Member State to fulfil obligations - Infringement of Articles 78 and 79 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) - Sale of a motor vehicle - Inclusion in the taxable amount of a tax on the delivery of vehicles not yet registered in the Member State concerned on the basis of their value and their average consumption ('Normverbrauschasbgage') Operative part of the judgment The Court: 1. Declares that, by including the standard consumption tax ('Normverbrauchsabgabe') in the taxable amount of value added tax levied in Austria on the delivery of a motor vehicle, the Republic of Austria has failed to fulfil its obligations under Article 78 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax. 2. Dismisses the action for the remainder. 3. Orders the Commission and the Republic of Austria to bear their own costs. ____________ 1 - OJ C 24 of 30.1.2010.