CELEX: 62007CB0134
Language: en
Date: 2007-12-10 00:00:00
Title: 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)

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
   (Case C-134/07) (1)
   
   (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)
   (2008/C 64/22)
   Language of the case: Polish
   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 of neutrality of domestic charges in light of competition 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 Regulation 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.