CELEX: 62008CA0198
Language: en
Date: 2010-03-04 00:00:00
Title: Case C-198/08: Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v Republic of Austria (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 and a minimum retail selling price for fine-cut tobacco — Justification — Protection of public health — World Health Organisation Framework Convention on Tobacco Control)

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/6
            
         Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v Republic of Austria
   (Case C-198/08) (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 and a minimum retail selling price for fine-cut tobacco - Justification - Protection of public health - World Health Organisation Framework Convention on Tobacco Control)
   2010/C 113/08
   Language of the case: German
   
      Parties
   
   
      Applicant: European Commission (represented by: W. Mölls and R. Lyal, Agents, Agents)
   
      Defendant: Republic of Austria (represented by: E. Riedl, J. Bauer and C. Pesendorfer, Agents)
   
      Re:
   
   Failure by a Member State to fulfil obligations — Infringement of 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 (OJ 1995 L 291, p. 40) — Fixing of the minimum retail selling prices for manufactured tobacco by the public authorities
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by adopting and maintaining in force legislation by which the public authorities fix minimum prices for the retail sale of cigarettes and fine-cut tobacco for the rolling of cigarettes, the Republic of Austria 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 Republic of Austria to pay the costs.
            
         
      (1)  OJ C 197, 2.8.2008.