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Case C-166/21: Judgment of the Court (Seventh Chamber) of 24 November 2022 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Excise duties on alcohol and alcoholic beverages — Directive 92/83/EEC — Exemption from the harmonised excise duty — Ethyl alcohol used for the production of medicines — Article 27(1)(d) — Exemption conditional on placing the alcohol under a duty suspension arrangement — No facility to obtain a refund of the excise duty paid — Principle of proportionality)
ECLI:EU:UNKNOWN:62021CA0166
62021CA0166
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23.1.2023
Official Journal of the European Union
C 24/7
(Case C-166/21) (<span class="oj-super oj-note-tag">1</span>)
(Failure of a Member State to fulfil obligations - Excise duties on alcohol and alcoholic beverages - Directive 92/83/EEC - Exemption from the harmonised excise duty - Ethyl alcohol used for the production of medicines - Article 27(1)(d) - Exemption conditional on placing the alcohol under a duty suspension arrangement - No facility to obtain a refund of the excise duty paid - Principle of proportionality)
(2023/C 24/08)
Language of the case: Polish
Parties
Applicant: European Commission (represented initially by C. Perrin and M. Siekierzyńska, and subsequently by C. Perrin and A. Stobiecka-Kuik, acting as Agents)
Defendant: Republic of Poland (represented by: B. Majczyna and A. Kramarczyk-Szaładzińska, acting as Agents)
Intervener in support of the defendant: Czech Republic (represented by: O. Serdula, M. Smolek and J. Vláčil, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland;
3.Orders the Czech Republic to bear its own costs.
(<span class="oj-super">1</span>) OJ C 148, 26.4.2021.