Case C-170/07: Judgment of the Court (First Chamber) of 5 June 2008 — Commission of the European Communities v Republic of Poland (Failure of Member State to fulfil obligations — Internal taxation — Requirement for imported second-hand vehicles to undergo a roadworthiness test — Articles 28 EC and 30 EC — Directive 96/96/EC — Recognition of roadworthiness tests carried out in other Member States)
Date: 2008-06-05
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, import restriction, intra-EU trade, motor car, quantitative restriction, roadworthiness tests, traffic regulations

C 183/4

EN

Official Journal of the European Union

19.7.2008

Parties to the main proceedings

Applicant: James Wood

Defendant: Republic of Poland (represented by: E. Osniecka-
Tamecka, Agent)

Defendant: Fonds de Garantie des victimes des actes de Terror-
isme et d'autres Infractions

Re:

Re:

Reference for a preliminary ruling — Tribunal de grande
instance de Nantes (France) — Commission d'Indemnisation des
Victimes d'infractions — Interpretation of Article [12] of the
EC Treaty — Compatibility, with regard to the general principle
of non-discrimination, of national legislation which excludes a
lawfully
national of another Member State of
residing in France and father of a child holding French nation-
ality who died outside French territory,
to
compensation paid by a Fonds de garantie, on the sole ground
of his nationality

from the right

the Union,

Failure of a Member State to fulfil obligations — Breach of
legislation requiring imported
Article 28 EC — National
second-hand vehicles to undergo a roadworthiness test prior to
their registration, whereas domestic vehicles with the same char-
acteristics are not subject to such a requirement

Operative part of the judgment

The Court:

1. Declares that, by subjecting imported second-hand vehicles regis-
tered in other Member States to a roadworthiness test prior to their
registration in Poland, the Republic of Poland has failed to fulfil its
obligations under Article 28 EC;

Operative part of the judgment

2. Orders the Republic of Poland to pay the costs.

Community law precludes legislation of a Member State which excludes
nationals of other Member States who live and work in its territory
from the grant of compensation intended to make good losses resulting
from offences against the person where the crime in question was not
committed in the territory of that State, on the sole ground that they
do not have the nationality of that State.

(1) OJ C 183, 4.8.2007.

(1) OJ C 129, 9.6.2007.

Judgment of the Court (First Chamber) of 5 June 2008 —
Commission of the European Communities v Republic of
Poland

(Case C-170/07) (1)

(Failure of Member State to fulfil obligations — Internal
taxation — Requirement for imported second-hand vehicles to
undergo a roadworthiness test — Articles 28 EC and 30 EC
— Directive 96/96/EC — Recognition of roadworthiness tests
carried out in other Member States)

(2008/C 183/06)

Language of the case: Polish

Parties

Judgment of the Court (Seventh Chamber) of 5 June 2008
(reference for a preliminary ruling from the Tribunal
(France)) — JVC France SAS v
d'instance de Paris
(Direction Nationale du
Administration des douanes

Renseignement et des Enquêtes douanières)

(Case C-312/07) (1)

(Common Customs Tariff — Tariff
classification —
Combined Nomenclature — Camcorders — Explanatory notes
— Body of legal rules)

(2008/C 183/07)

Language of the case: French

Referring court

Tribunal d'instance de Paris

Parties to the main proceedings

Applicant: JVC France SAS

Applicant: Commission of the European Communities (repre-
sented by: J. Hottiaux and K. Herrmann, acting as Agents)

Defendant: Administration des douanes (Direction Nationale du
Renseignement et des Enquêtes douanières)