CELEX: 62008CA0221
Language: en
Date: 2010-03-04 00:00:00
Title: Case C-221/08: Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v Ireland (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 — World Health Organisation Framework Convention on Tobacco Control)

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/7
            
         Judgment of the Court (Third Chamber) of 4 March 2010 — European Commission v Ireland
   (Case C-221/08) (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 - World Health Organisation Framework Convention on Tobacco Control)
   2010/C 113/09
   Language of the case: English
   
      Parties
   
   
      Applicant: European Commission (represented by: R. Lyal and W. Mölls, Agents)
   
      Defendant: Ireland (represented by: D. O’Hagan, Agent, G. Hogan SC)
   
      Re:
   
   Failure of 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) — National law imposing minimum and maximum retail prices for manufactured tobacco
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by imposing minimum retail prices for cigarettes, Ireland 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.
            
            
               Declares that, by not providing the information required by the European Commission in order to enable it to fulfil its task of monitoring compliance with Directive 95/59, as amended by Directive 2002/10, Ireland has failed to fulfil its obligations under Article 10 EC;
            
         
               3.
            
            
               Dismisses the action as to the remainder;
            
         
               4.
            
            
               Orders Ireland to pay the costs.
            
         
      (1)  OJ C 209, 15.8.2008.