27.4.2015

Official Journal of the European Union

C 138/38

(Case C-66/15)

(2015/C 138/52)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Wasmeier and D. Τriantafillou, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The applicant claims that the Court should:

—declare that the Hellenic Republic, by levying the whole amount of the registration tax payable on the registration of a vehicle which is rented or leased by a customer who is a Greek national from a supplier established in another Member State, without taking into consideration the duration of the rental contract or lease contract and the duration of use of the vehicle concerned in the national territory of Greece, has failed to fulfil its obligations under Articles 56 to 62 TFEU in relation to the freedom to provide services;

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Hellenic Republic, by imposing the whole of the registration tax payable on the registration by a supplier established in another Member State of vehicles which are leased or used on a hire-purchase agreement by nationals of Greece, without taking into consideration the duration of the lease (rental) contract and of use in the national territory of Greece, failed to fulfil its obligations under Articles 56-62 TFEU.

The imposition of the whole registration tax is disproportionate and hinders the free movement of services (see the case-law of the Court in Cura Anglagen, C-451/99, Coevering, C-242/05, Ilhan, C-42/08, and VAV Autovermietung GmbH, C-91/10).