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.
Full & Egal Universal Law Academy