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Joined Cases C-267/10 and C-268/10: Order of the Court (Fifth Chamber) of 23 May 2011 (reference for a preliminary ruling from the Tribunal de première instance de Namur (Belgium)) — André Rossius (C-267/10), Marc Collard (C-268/10) v Etat Belge — SPF Finances (Article 6(1) TEU — Article 35 of the Charter of Fundamental Rights of the European Union — Possession and sale of manufactured smoking tobacco — National legislation authorising the levying of excise duty on tobacco products — Court manifestly incompetent)
ECLI:EU:UNKNOWN:62010CB0267
62010CB0267
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Official Journal of the European Union
C 232/10
(Joined Cases C-267/10 and C-268/10) (*)
(Article 6(1) TEU - Article 35 of the Charter of Fundamental Rights of the European Union - Possession and sale of manufactured smoking tobacco - National legislation authorising the levying of excise duty on tobacco products - Court manifestly incompetent)
(2011/C 232/17)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: André Rossius (C-267/10), Marc Collard (C-268/10)
Defendant: Etat Belge — SPF Finances
In the presence of: Etat Belge — Service public federal Défense
Re:
Reference for a preliminary ruling — Tribunal de première instance de Namur — Interpretation of the first paragraph of Article 6(1) TEU and of Article 35 of the Charter of Fundamental Rights of the European Union — Whether national legislation permitting the production, import, promotion and sale of manufactured smoking tobacco, recognised to be seriously harmful, is compatible with the object of protecting human health — Whether the provisions of national law authorising the levying of excise duty on tobacco products are valid in the light of the [EU] rules cited
Operative part of the order
The Court of Justice of the European Union is manifestly incompetent to reply to the questions asked by the Tribunal de première instance de Namur (Belgium) by decisions of 24 March 2010.
(*) Language of the case: French.