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Case C-341/20: Judgment of the Court (Eighth Chamber) of 16 September 2021 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Article 258 TFEU — Directive 2003/96/EC — Taxation of energy products and electricity — Article 14(1)(c) — Exemption of energy products used as fuel for the purposes of navigation within EU waters — Exemption granted only to private pleasure craft which are the subject of a charter agreement)
ECLI:EU:UNKNOWN:62020CA0341
62020CA0341
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22.11.2021
Official Journal of the European Union
C 471/9
(Case C-341/20) (<span class="oj-super oj-note-tag">1</span>)
(Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(c) - Exemption of energy products used as fuel for the purposes of navigation within EU waters - Exemption granted only to private pleasure craft which are the subject of a charter agreement)
(2021/C 471/11)
Language of the case: Italian
Parties
Applicant: European Commission (represented by: F. Moro and A. Armenia, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and A. Maddalo, avvocato dello Stato)
Operative part of the judgment
The Court:
1.Declares that, in granting the benefit of exemption from excise duty to fuels used by private pleasure craft only in cases where those vessels are the subject of a charter agreement, regardless of the manner in which the vessels are in fact used, the Italian Republic has failed to fulfil its obligations under Article 14(1)(c) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity;
2.Orders the Italian Republic to pay the costs.
(<span class="oj-super">1</span>) OJ C 339, 12.10.2020.