Case C-134/07: Order of the Court (Fifth Chamber) of 10 December 2007 (reference for a preliminary ruling from the Sąd Rejonowy w Jaworznie (Republic of Poland)) — Piotr Kawala v Gmina Miasta Jaworzna (First subparagraph of Article 104(3) of the Rules of Procedure — Higher national levy for a product imported from another Member State than for a similar product purchased in the relevant Member State — First paragraph of Article 90 EC — Charge on first registration affecting imported second-hand motor vehicles)
Date: 2007-12-10
Institutions: Court of Justice
Subjects: Poland, interpretation of the law, intra-EU trade, tax system, vehicle registration

8.3.2008

EN

Official Journal of the European Union

C 64/15

Order of the Court (Fifth Chamber) of 10 December 2007
(reference for a preliminary ruling from the Sąd Rejonowy
w Jaworznie (Republic of Poland)) — Piotr Kawala v
Gmina Miasta Jaworzna

Appeal brought on 3 April 2007 by Jean Yves Sellier
against the judgment of the Court of First Instance (Fourth
Chamber) delivered on 15 January 2007 in Case T-276/06
Sellier v Commission

(Case C-134/07) (1)

subparagraph of Article 104(3) of

the Rules of
(First
Procedure — Higher national
levy for a product imported
from another Member State than for a similar product
purchased in the relevant Member State — First paragraph of
Article 90 EC — Charge on first registration affecting
imported second-hand motor vehicles)

(Case C-191/07 P)

(2008/C 64/23)

Language of the case: French

(2008/C 64/22)

Language of the case: Polish

Parties

Referring court

Sąd Rejonowy w Jaworznie

Partie to the main proceedings

Applicant: Piotr Kawala

Defendant: Gmina Miasta Jaworzna

Re:

Reference for a preliminary ruling — Sąd Rejonowy w
Jaworznie — Interpretation of Article 90 EC — Charge levied
for the issue of a vehicle registration certificate at the time of
the vehicle's first registration in the Member State, the amount
of which is significantly greater than that charged for obtaining
a duplicate copy of a vehicle registration certificate — Principle
in light of competition
of neutrality of domestic charges
between goods already on the national market and imported
goods

Operative part of the order

The first paragraph of Article 90 EC must be interpreted as precluding
a charge, such as that provided for in Paragraph 1(1) of the Regu-
lation of the Polish Minister for Infrastructure of 28 July 2003, on
the amount of the charge for a vehicle registration certificate which, in
practice,
is levied on the first registration of a second-hand motor
vehicle imported from another Member State and not levied on the
purchase of a second-hand vehicle in Poland in so far as the latter is
already registered there.

(1) OJ C 95, 28.4.2007.

Appellant: Jean Yves Sellier (represented by: J.Y. Leeman, avocat)

Other party to the proceedings: Commission of
Communities

the European

By order of 18 September 2007, the Court of Justice (Sixth
Chamber) dismissed the appeal and ordered Mr Sellier to bear
his own costs.

Appeal brought on 19 November 2007 by Saint-Gobain
Glass Deutschland GmbH against the order delivered by
the Court of
(Third Chamber) on
Instance
11 September 2007 in Case T-28/07 Fels-Werke GmbH,
Saint-Gobain Glass Deutschland GmbH, Spenner-Zement
the European
GmbH & Co. KG v Commission of

First

Communities

(Case C-503/07 P)

(2008/C 64/24)

Language of the case: German

Parties

Appellant: Saint-Gobain Deutschland GmbH (represented by:
H. Posser and S. Altenschmidt, Rechtsanwälte)

Other parties
Zement GmbH & Co. KG, Commission of
Communities

to the proceedings: Fels-Werke GmbH, Spenner-
the European