Official Journal of the European Union

C 113/7

(Case C-221/08) (<span class="super">1</span>)

(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.

(<span class="super">1</span>) OJ C 209, 15.8.2008.