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Case C-571/08: Judgment of the Court (Third Chamber) of 24 June 2010 — European Commission v Italian Republic (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 — Justification — Protection of public health)
ECLI:EU:UNKNOWN:62008CA0571
62008CA0571
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14.8.2010
Official Journal of the European Union
C 221/7
(Case C-571/08) (<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 - Justification - Protection of public health)
2010/C 221/11
Language of the case: Italian
Parties
Applicant: European Commission (represented by: W. Mölls and L. Pignataro, acting as Agents)
Defendant: Italian Republic (represented by: I. Bruni, then by G. Palmieri, acting as Agents and F. Arena, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 9 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 minimum prices — Approval of prices.
Operative part of the judgment
The Court:
1.Declares that, by providing for a minimum price for cigarettes, the Italian Republic 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 Italian Republic to pay the costs.
* * *
(<span class="super">1</span>) OJ C 55, 7.3.2009.