CELEX: 62008CA0571
Language: en
Date: 2010-06-24 00:00:00
Title: Case C-571/08: 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)

14.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 221/7
            
         Judgment of the Court (Third Chamber) of 24 June 2010 — European Commission v Italian Republic
   (Case C-571/08) (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 - Justification - Protection of public health)
   2010/C 221/11
   Language of the case: Italian
   
      Parties
   
   
      Applicant: European Commission (represented by: W. Mölls and L. Pignataro, acting as Agents)
   
      Defendant: Italian Republic (represented by: I. Bruni, then by G. Palmieri, acting as Agents and F. Arena, avvocato dello Stato)
   
      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 of the judgment
   
   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.
            
         
      (1)  OJ C 55, 7.3.2009.