CELEX: 62008CJ0571
Language: en
Date: 2010-06-24 00:00:00
Title: Judgment of the Court (Third Chamber) of 24 June 2010. # European Commission v Italian 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 - Justification - Protection of public health. # Case C-571/08.

Judgment of the Court (Third Chamber) of 24 June 2010 – Commission v Italy
      (Case C‑571/08)
      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 – Justification – Protection of public health
      Tax provisions – Harmonisation of laws – Taxes other than turnover taxes which affect the consumption of manufactured tobacco (Council Directive 95/59, Art. 9(1))
         (see paras 39-40, 43, 47-52)
      
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 9 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 minimum
                  prices – Approval of prices.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by providing for a minimum price for cigarettes, the Italian 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 Italian Republic to pay the costs.