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Order of the Court (Fifth Chamber) of 13 July 2011. # Administraţia Finanţelor Publice a Municipiului Târgu-Jiu and Administraţia Fondului pentru Mediu v Claudia Norica Vijulan. # Reference for a preliminary ruling: Curtea de Apel Craiova - Romania. # Article 104(3), first subparagraph of the Rules of Procedure - Domestic taxation - Article 110 TFEU - Pollution tax levied at the time of registration of motor vehicles. # Case C-335/10.
ECLI:EU:C:2011:477
62010CO0335
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(Case C-335/10)
Article 104(3), first subparagraph, of the Rules of Procedure – Domestic taxation – Article 110 TFEU – Pollution tax levied at the time of registration of motor vehicles
Tax provisions – Internal taxation – Pollution tax levied on motor vehicles on their first registration in national territory – Tax applicable to imported second-hand vehicles and without any equivalent for vehicles of the same age and the same condition present on the national market – Not permissible (Art. 110 TFEU) (see paras 20-21, 23, operative part)
Re:
Reference for a preliminary ruling – Curtea de Apel Craiova – Registration of second-hand cars previously registered in other Member States – Environmental tax levied on motor vehicles at the time of their first registration in a given Member State – Compatibility of the national legislation with Art. 110 TFEU – Temporary exemption for vehicles with certain characteristics.
Operative part
Article 110 TFEU must be interpreted as precluding a Member State from introducing a pollution tax levied on motor vehicles on their first registration in that Member State if that tax is arranged in such a way as to discourage the putting into circulation in that Member State of second-hand vehicles purchased in other Member States without discouraging the purchase of second-hand vehicles of the same age and condition on the domestic market.