16.7.2011

Official Journal of the European Union

C 211/9

(Joined Cases C-29/11 and C-30/11) (<span class="super">1</span>)

(First subparagraph of Article 104(3) of the Rules of Procedure - Internal taxation - Article 110 TFEU - Pollution tax levied upon first registration of motor vehicles)

2011/C 211/16

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicants: Aurora Elena Sfichi (C-29/11), Adrian Ilaș (C-30/11)

Defendants: Direcția Generală a Finanțelor Publice Suceava, Administrația Finanțelor Publice Suceava, Administrația Fondului pentru Mediu (C-29/11), Direcția Generală a Finanțelor Publice Suceava, Administrația Finanțelor Publice Suceava, Administrația Fondului pentru Mediu (C-30/11)

Re:

Reference for a preliminary ruling — Tribunalul Suceava — Registration of second-hand motor vehicles previously registered in other Member States — National legislation making the first registration of such motor vehicles conditional upon payment of an environmental tax, whereas second-hand motor vehicles already present on the national market are exempt from payment of that tax on the occasion of re-registration — Whether the national legislation is compatible with the first and second paragraphs of Article 110 TFEU — Obstacle to the free movement of goods

Operative part of the order

Article 110 TFEU must be interpreted as precluding a Member State from introducing a pollution tax affecting motor vehicles on their first registration in that Member State, if that fiscal measure is so designed as to discourage the putting into service, in that Member State, of second-hand vehicles bought in other Member States, without, however, discouraging the purchase of second-hand vehicles of the same age and condition on the national market.

(<span class="super">1</span>) OJ C 113, 9.4.2011.