CELEX: C1997/387/05
Language: en
Date: 1997-12-20 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 23 October 1997 in Case C-375/95: Commission of the European Communities v. Hellenic Republic (Failure to fulfil obligations - Taxation of motor vehicles - Discrimination)

20 . 12 . 97             EN                  Official Journal of the European Communities                                       C 387/3
final regional reference amounts for sunflower seeds                     ( Rapporteur ), Judges, A. La Pergola, Advocate General; L.
produced in Portugal — the Court ( Sixth Chamber ),                     Hewlett, Administrator, for the Registrar, has given a
composed of: H. Ragnemalm, President of the Chamber,                    judgment on 23 October 1997 in which it:
R. Schintgen, G. F. Mancini, P. J. G. Kapteyn ( Rapporteur)
and G. Hirsch, Judges, C. O. Lenz, Advocate General;
H. A. Riihl, Principal Administrator, for the Registrar, has             1 . declares that, by determining, for the application of
given a judgment on 23 October 1997, in which it:                             the special consumer tax and the flat-rate added
                                                                              special duty, the taxable value of imported used cars
                                                                              by reducing the price of equivalent new cars by 5 %
 I . dismisses the application;                                               for each year of age of the vehicles concerned, with, as
                                                                              a rule, a maximum reduction of 20% , and by
                                                                              excluding anti-pollution technology imported used cars
2 . orders the Portuguese Republic to pay the costs;                          from the benefit of the reduced rates of the special
                                                                              consumer tax applicable to that type of vehicle, the
3 . orders the Council of the European Union to bear its                      Hellenic Republic has failed to fulfil its obligations
      own costs .
                                                                              under Article 95 of the Treaty;
(') OJ C 208 , 12 . 8 . 1995 .                                          2 . for the rest, dismisses the application;
                                                                        3 . orders the Hellenic Republic to pay the costs.
                                                                        (') OJ C 31 , 3 . 2 . 1996 .
                JUDGMENT OF THE COURT
                           ( Fifth Chamber)
                         of 23 October 1997
in    Case    C-375/95 : Commission of the European
             Communities v. Hellenic Republic ( 1 )
                                                                                         JUDGMENT OF THE COURT
(Failure to fulfil obligations — Taxation of motor vehicles
                                                                                                of 4 November 1997
                          — Discrimination)
                             ( 97/C 387/05 )                            in Case C-337/95 ( reference for a preliminary ruling from
                                                                        the Hoge Raad der Nederlanden ): Parfums Christian Dior
                                                                              SA and Parfums Christian Dior BV v. Evora BV (')
                  (Language of the case: Greek)
                                                                        (Trade mark rights and copyright — Action brought by
                                                                        the owner of those rights to stop a reseller advertising the
                                                                                further commercialization of goods — Perfume)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)                                                  ( 97/C 387/06 )
In Case C-375/95 : Commission of the European                                             (Language of the case: Dutch)
Communities (Agent: Dimitrios Gouloussis ) v. Hellenic
Republic ( Agents : Panagiotis Mylonopoulos and Anna
Rokofyllou ) application for a declaration under Article 169
of the EC Treaty that, by introducing and maintaining in                   (Provisional translation; the definitive translation will be
force provisions concerning the taxation of used cars                              published in the European Court Reports)
which, first, for the purposes of calculating the basis of
assessment to the special consumer tax permit only 5 %
for each year of age to be deducted from the selling price              In Case C-337/95 : reference to the Court under Article 177
of equivalent new vehicles, which percentage cannot                     of the EC Treaty from the Hoge Raad der Nederlanden
exceed 20 % of the value of the equivalent new vehicles                 for a preliminary ruling in the proceedings pending before
and, second, govern the levying of the flat-rate added                  that court between Parfums Christian Dior SA and
special duty without any reduction for used cars and,                   Parfums Christian Dior BV, and Evora BV — on the
third, grant tax advantages ( reduction of the special                  interpretation of Articles 30, 36 and the third paragraph
consumer tax ) only in respect of new anti-pollution                    of Article 177 of the EC Treaty and of Articles 5 and 7 of
technology cars and not imported anti-pollution                         the First Council Directive ( 89/ 104/EC ) of 21 December
technology used cars, the Hellenic Republic has failed to               1988 to approximate the laws of the Member States
fulfil its obligations under Article 95 of the EC Treaty —              relating to trade marks ( OJ 1989 L 40, p. 1 ) — the Court,
the Court ( Fifth Chamber), composed of: M. C. Gulmann,                 composed of: G. C. Rodriguez Iglesias, President, C.
President of Chamber, M. Wathelet, J. C. Moitinho de                    Gulmann ( Rapporteur ), H. Ragnemalm, R. Schintgen,
Almeida , D. A. O. Edward and J. -P. Puissochet                         Presidents of Chambers, G. F. Mancini, J. C. Moitinho de