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Case C-800/23, DRINKS 52: Order of the Court (Tenth Chamber) of 7 January 2025 (request for a preliminary ruling from the rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent – Belgium) – Minister van Financiën v DRINKS 52 BVBA, NZ (Reference for a preliminary ruling – Customs Union – Regulation (EU) No 952/2013 – Goods subject to excise duties under national legislation – Non-alcoholic beverages – Unlawful detention and introduction into the territory of a Member State of goods coming from other Member States – Penalties – Article 42 – Article 6(3) TEU – Article 49(3) of the Charter of Fundamental Rights of the European Union – Obligation to pay a sum corresponding to the value of the missing goods – Duplication with a criminal fine – Absence of mitigation powers of the court – Proportionality – Manifest lack of jurisdiction of the Court)
ECLI:EU:UNKNOWN:62023CB0800
62023CB0800
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Official Journal of the European Union
C series
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C/2025/2176
22.4.2025
(Case C-800/23,
(1)
DRINKS 52)
(Reference for a preliminary ruling - Customs Union - Regulation (EU) No 952/2013 - Goods subject to excise duties under national legislation - Non-alcoholic beverages - Unlawful detention and introduction into the territory of a Member State of goods coming from other Member States - Penalties - Article 42 - Article 6(3) TEU - Article 49(3) of the Charter of Fundamental Rights of the European Union - Obligation to pay a sum corresponding to the value of the missing goods - Duplication with a criminal fine - Absence of mitigation powers of the court - Proportionality - Manifest lack of jurisdiction of the Court)
(C/2025/2176)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Minister van Financiën
Defendants: DRINKS 52 BVBA, NZ
Intervener: Openbaar Ministerie
Operative part of the order
The Court of Justice of the European Union clearly lacks jurisdiction to answer the questions referred by the rechtbank van eerste aanleg Oost-Vlaanderen, Afdeling Gent (East Flanders Court of First Instance, Ghent Division, Belgium), by decision of 15 December 2023 (Case C-800/23).
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(1) OJ C C/2024/2915.
ELI: http://data.europa.eu/eli/C/2025/2176/oj
ISSN 1977-091X (electronic edition)
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