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Order of the Court (Fifth Chamber) of 23 May 2011.#André Rossius (C 267/10) and Marc Collard (C 268/10) v Belgian State - Service public fédéral Finances.#References for a preliminary ruling: Tribunal de première instance de Namur - Belgium.#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.#Joined cases C-267/10 and C-268/10.
ECLI:EU:C:2011:332
62010CO0267
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(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 – Clear lack of jurisdiction of the Court
Re:
References 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
The Court of Justice of the European Union is manifestly incompetent to reply to the questions referred by the Tribunal de première instance de Namur (Belgium) by decisions of 24 March 2010.