Case C-197/08: Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 95/59/EC — Taxes other than turnover taxes which affect the consumption of manufactured tobacco — Article 9(1) — Free determination, by manufacturers and importers, of the maximum retail selling prices of their products — National legislation imposing a minimum retail selling price for cigarettes — National legislation prohibiting the sale of tobacco products at a promotional price which is contrary to public health objectives — Concept of national systems of legislation regarding the control of price levels or the observance of imposed prices — Justification — Protection of public health — World Health Organisation Framework Convention on Tobacco Control)
Date: 2010-03-04
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, free price, judgment of the Court (EU), minimum price, public health, restriction on competition, tobacco industry








C_2010113EN.01000601.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/6





Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v French Republic
(Case C-197/08) (1)

(Failure of a Member State to fulfil obligations - Directive 95/59/EC - Taxes other than turnover taxes which affect the consumption of manufactured tobacco - Article 9(1) - Free determination, by manufacturers and importers, of the maximum retail selling prices of their products - National legislation imposing a minimum retail selling price for cigarettes - National legislation prohibiting the sale of tobacco products ‘at a promotional price which is contrary to public health objectives’ - Concept of ‘national systems of legislation regarding the control of price levels or the observance of imposed prices’ - Justification - Protection of public health - World Health Organisation Framework Convention on Tobacco Control)
2010/C 113/07
Language of the case: French

Parties


Applicant: European Commission (represented by: R. Lyal and W. Mölls, Agents)

Defendant: French Republic (represented by: G. de Bergues, J. S. Pilczer, J.-C. Gracia and B. Beaupère-Manokha, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (OJ 1995 L 291, p. 40) — Fixing of minimum prices — Hindrance to free movement of goods — Protection of public health — Relevance of the World Health Organisation Framework Convention on Tobacco Control (OJ 2004 L 213, p. 8)

Operative part of the judgment

The Court:






1.


Declares that, by adopting and maintaining in force a system of minimum prices for the retail sale of cigarettes released for consumption in France and a prohibition on selling tobacco products ‘at a promotional price which is contrary to public health objectives’, the French Republic has failed to fulfil its obligations under Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco, as amended by Council Directive 2002/10/EC of 12 February 2002;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 183, 19.7.2008.