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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)
ECLI:EU:UNKNOWN:62007CA0170
62007CA0170
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19.7.2008
Official Journal of the European Union
C 183/4
(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)
(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.