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Case C-221/15: Request for a preliminary ruling from the Hof van Beroep te Brussel (Belgium) lodged on 13 May 2015 — Openbaar Ministerie v Etablissements Fr. Colruyt NV
ECLI:EU:UNKNOWN:62015CN0221
62015CN0221
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Valentina R., lawyer
10.8.2015
Official Journal of the European Union
C 262/5
(Case C-221/15)
(2015/C 262/07)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Appellant: Openbaar Ministerie
Respondent: Etablissements Fr. Colruyt NV
Questions referred
1.Does Article 15(1) of Directive 2011/64/EU, whether or not read in conjunction with Articles 20 and 21 of the Charter of Fundamental Rights of the European Union of 7 December 2000, preclude a national measure which requires retailers to respect minimum prices by prohibiting the application of a price for tobacco products which is lower than the price that the manufacturer/importer has affixed to the revenue stamp?
2.Does Article 34 TFEU preclude a national measure which requires retailers to respect minimum prices by prohibiting the application of a price for tobacco products which is lower than the price that the manufacturer/importer has affixed to the revenue stamp?
3.Does Article 4(3) TFEU, read in conjunction with Article 101 TFEU, preclude a national measure which requires retailers to respect minimum prices by prohibiting the application of a price for tobacco products which is lower than the price that the manufacturer/importer has affixed to the revenue stamp?
Council Directive of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ 2011 L 176, p. 24).
OJ 2000 C 364, p. 1.