Case C-156/04: Judgment of the Court (First Chamber) of 7 June 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 83/182/EEC — Temporary import of means of transport — Tax exemptions — Normal residence in a Member State)
Date: 2007-07-21
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, import, import tax, motor vehicle, tax-free allowance, vehicle registration

C 170/2

EN

Official Journal of the European Union

21.7.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 7 June 2007 —
the European Communities v Hellenic
Commission of

Republic

(Case C-156/04) (1)

(Failure of a Member State to fulfil obligations — Directive
83/182/EEC — Temporary import of means of transport —
Tax exemptions — Normal residence in a Member State)

(2007/C 170/02)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and D. Triantafyllou, Agents)

Defendant: Hellenic Republic (represented by: P. Mylonopoulos
and I. Pouli, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 90 EC and of Council Directive 83/182/EEC of
28 March 1983 on tax exemptions within the Community for
certain means of
temporarily imported into one
Member State from another — Temporary use on Greek terri-
tory of vehicles registered in another Member State — Applica-
tion of customs provisions applicable to vehicles from non-
member countries

transport

Operative part of the judgment

The Court:

1. Declares that in laying down:

— in Article 18(C)(1) of Law No 2682/1999 that, where fines
are imposed, vehicles are also to be temporarily immobilised,
and released on payment of the fines and any other charges
owed,

the Hellenic Republic has failed to fulfil
its obligations under
Council Directive 83/182/EEC of 28 March 1983 on tax exemp-
tions within the Community for
transport
temporarily imported into one Member State from another;

certain means of

2. Dismisses the remainder of the action;

3. Orders the Commission of

the European Communities and the

Hellenic Republic to bear their own costs.

(1) OJ C 106, 30.4.2004.

Judgment of the Court (Grand Chamber) of 5 June 2007
(reference for a preliminary ruling from the Högsta
domstolen — Sweden) — Klas Rosengren, Bengt Morelli,
Hans Särman, Mats Åkerström, Åke Kempe, Anders
Kempe, Mats Kempe, Björn Rosengren, Martin Lindberg,
Jon Pierre, Tony Staf v Riksåklagaren

(Case C-170/04) (1)

(Free movement of goods — Articles 28 EC, 30 EC and 31 EC
— National provisions prohibiting the importation of alco-
holic beverages by private individuals — Rule relating to the
existence and operation of the Swedish monopoly on sales of
alcoholic beverages — Assessment — Measure contrary to
Article 28 EC — Justification on grounds of protection of the
health and life of humans — Review of proportionality))

— in Article 18(A)(1) of Law No 2682/1999 that, in the event
of possession or use in Greek territory of a vehicle registered in
another Member State by an individual who has his normal
residence in Greece, the criminal proceedings provided for as a
matter of course will not be brought if the person concerned
pays the registration fee charged and at the same time refrains
from seeking, in relation to the act leading to the imposition of
that fee, the legal remedies provided for under national
law,
and

Referring court

Högsta domstolen

(2007/C 170/03)

Language of the case: Swedish