Official Journal of the European Union

C 113/6

(Case C-198/08) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 95/59/EC - Taxes other than turnover taxes which affect the consumption of manufactured tobacco - Article 9(1) - Free determination, by manufacturers and importers, of the maximum retail selling prices of their products - National legislation imposing a minimum retail selling price for cigarettes and a minimum retail selling price for fine-cut tobacco - Justification - Protection of public health - World Health Organisation Framework Convention on Tobacco Control)

2010/C 113/08

Language of the case: German

Parties

Applicant: European Commission (represented by: W. Mölls and R. Lyal, Agents, Agents)

Defendant: Republic of Austria (represented by: E. Riedl, J. Bauer and C. Pesendorfer, Agents)

Re:

Failure by a Member State to fulfil obligations — Infringement of Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (OJ 1995 L 291, p. 40) — Fixing of the minimum retail selling prices for manufactured tobacco by the public authorities

Operative part of the judgment

The Court:

1.Declares that, by adopting and maintaining in force legislation by which the public authorities fix minimum prices for the retail sale of cigarettes and fine-cut tobacco for the rolling of cigarettes, the Republic of Austria has failed to fulfil its obligations under Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco, as amended by Council Directive 2002/10/EC of 12 February 2002;

2.Orders the Republic of Austria to pay the costs.

(<span class="super">1</span>) OJ C 197, 2.8.2008.