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Case C-216/11: Judgment of the Court (Fourth Chamber) of 14 March 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 92/12/EEC — Excise duties — Tobacco products acquired in one Member State and transported to another Member State — Purely quantitative assessment criteria — Article 34 TFEU — Quantitative restrictions on imports)
ECLI:EU:UNKNOWN:62011CA0216
62011CA0216
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18.5.2013
Official Journal of the European Union
C 141/4
(Case C-216/11) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 92/12/EEC - Excise duties - Tobacco products acquired in one Member State and transported to another Member State - Purely quantitative assessment criteria - Article 34 TFEU - Quantitative restrictions on imports)
2013/C 141/05
Language of the case: French
Parties
Applicant: European Commission (represented by: W. Mölls and O. Beynet, acting as Agents)
Defendant: French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents)
Re:
Failure of Member State to fulfil obligations — Infringement of Article 34 TFEU and of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (OJ 1992 L 76, p. 1), in particular Articles 8 and 9 thereof — National legislation imposing financial sanctions, above certain thresholds, in relation to the holding, for private purposes, of tobacco products acquired in one Member State and transported to another — Purely quantitative assessment criteria — Quantitative restrictions on imports
Operative part of the judgment
The Court:
1.Declares that by using a purely quantitative criterion to assess whether the holding by private individuals of manufactured tobacco from another Member State is of a commercial nature and by applying that criterion per individual vehicle (and not per person), and in respect of all of the tobacco products in aggregate, the French Republic has failed to fulfil its obligations under Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and, specifically, under Articles 8 and 9 thereof;
2.Dismisses the action as to the remainder;
3.Orders the European Commission and the French Republic to bear their own costs.
(<span class="super">1</span>) OJ C 226, 30.7.2011.