CELEX: 62019CA0063
Language: en
Date: 2021-01-14 00:00:00
Title: Case C-63/19: Judgment of the Court (Fifth Chamber) of 14 January 2021 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Article 258 TFEU — Directive 2003/96/EC — Taxation of energy products and electricity — Articles 4 and 19 — Regional law adopted by the autonomous region of a Member State — Contribution towards the purchase of petrol and diesel subject to excise duties — Article 6(c) — Exemption from or reduction of excise duty — Concept of ‘refunding all or part of’ the amount of taxation — No evidence of a link between that contribution and excise duties)

1.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/4
            
         
      Judgment of the Court (Fifth Chamber) of 14 January 2021 — European Commission v Italian Republic
      (Case C-63/19) (1)
      
      (Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive 2003/96/EC - Taxation of energy products and electricity - Articles 4 and 19 - Regional law adopted by the autonomous region of a Member State - Contribution towards the purchase of petrol and diesel subject to excise duties - Article 6(c) - Exemption from or reduction of excise duty - Concept of ‘refunding all or part of’ the amount of taxation - No evidence of a link between that contribution and excise duties)
      (2021/C 72/05)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: European Commission (represented by: R. Lyal and F. Tomat, acting as Agents)
      
         Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by G.M. De Socio, avvocato dello Stato)
      
         Intervener in support of the defendant: Kingdom of Spain (represented by: S. Jiménez García and J. Rodríguez de la Rúa, acting as Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders the European Commission to pay the costs;
               
            
                  3.
               
               
                  Orders the Kingdom of Spain to bear its own costs.
               
            
         (1)  OJ C 112, 25.3.2019.