CELEX: 62007CA0170
Language: en
Date: 2008-06-05 00:00:00
Title: Case C-170/07: 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)

19.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/4
            
         Judgment of the Court (First Chamber) of 5 June 2008 — Commission of the European Communities v Republic of Poland
   (Case C-170/07) (1)
   
   (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)
   (2008/C 183/06)
   Language of the case: Polish
   Parties
   
      Applicant: Commission of the European Communities (represented by: J. Hottiaux and K. Herrmann, acting as Agents)
   
      Defendant: Republic of Poland (represented by: E. Osniecka-Tamecka, Agent)
   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 of the judgment
   The Court:
   
               1.
            
            
               Declares that, by subjecting imported second-hand vehicles 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.
            
         
      (1)  OJ C 183, 4.8.2007.