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Judgment of the Court (First Chamber) of 5 June 2008. # Commission of the European Communities v Republic of Poland. # Failure of Member State to fulfil obligations - Internal taxation - Requirement for imported second-hand vehicles to undergo a roadworthiness test - Articles 28 EC and 30 EC - Directive 96/96/EC - Recognition of roadworthiness tests carried out in other Member States. # Case C-170/07.
ECLI:EU:C:2008:322
62007CJ0170
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(Case C‑170/07)
Failure of Member State to fulfil obligations – Internal taxation – Requirement for imported second-hand vehicles to undergo a roadworthiness test – Articles 28 EC and 30 EC – Directive 96/96/EC – Recognition of roadworthiness tests carried out in other Member States
Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC; Council Directive 96/96, Art. 3(1) and (2)) (see paras 42-52, operative part)
Re:
Failure of a Member State to fulfil obligations – Breach of Article 28 EC – National legislation requiring imported second-hand vehicles to undergo a roadworthiness test prior to their registration, whereas domestic vehicles with the same characteristics are not subject to such a requirement.
Operative part
The Court:
1.Declares that, by subjecting imported second-hand vehicles previously registered in other Member States to a roadworthiness test prior to their registration in Poland, the Republic of Poland has failed to fulfil its obligations under Article 28 EC;
2.Orders the Republic of Poland to pay the costs.