CELEX: 62007CJ0170
Language: en
Date: 2008-06-05
Title: Judgment of the Court (First Chamber) of 5 June 2008. # Commission of the European Communities v Republic of Poland. # Failure of Member State to fulfil obligations - Internal taxation - Requirement for imported second-hand vehicles to undergo a roadworthiness test - Articles 28 EC and 30 EC - Directive 96/96/EC - Recognition of roadworthiness tests carried out in other Member States. # Case C-170/07.

Judgment of the Court (First Chamber) of 5 June 2008 – Commission v Poland
      (Case C‑170/07)
      Failure of Member State to fulfil obligations – Internal taxation – Requirement for imported second-hand vehicles to undergo a roadworthiness test – Articles 28 EC and 30 EC – Directive 96/96/EC – Recognition of roadworthiness tests carried out in other Member States
      Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC; Council Directive 96/96, Art. 3(1) and (2)) (see paras 42-52, operative
         part)
      
      Re:
      
         
               Failure of a Member State to fulfil obligations – Breach of Article 28 EC – National legislation requiring imported second-hand
                  vehicles to undergo a roadworthiness test prior to their registration, whereas domestic vehicles with the same characteristics
                  are not subject to such a requirement.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by subjecting imported second-hand vehicles previously registered in other Member States to a roadworthiness
                     test prior to their registration in Poland, the Republic of Poland has failed to fulfil its obligations under Article 28 EC;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Republic of Poland to pay the costs.