30.5.2016

EN

Official Journal of the European Union

C 191/13

(Case C-151/16)

(2016/C 191/16)

Language of the case: Lithuanian

Referring court

Parties to the main proceedings

Appellant: ‘Vakarų Baltijos laivų statykla’

Respondent: Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos

Questions referred

1.Should Article 14(1)(c) of Council Directive 2003/96/EC of 27 October 2003 (1) restructuring the Community framework for the taxation of energy products and electricity, as last amended by Council Directive 2004/75/EC of 29 April 2004, (2) be interpreted as meaning that excise duty may not be levied on the supply of energy products in circumstances, such as those in the present case, in which those products are supplied as fuel for a ship to be used in navigation within [European Union] waters with the objective, not involving direct consideration, of sailing that ship under its own power from the place where it was built to a port in another Member State for the purpose of taking on its first commercial cargo?

2.Does Article 14(1)(c) of Directive 2003/96 stand in the way of provisions of national legislation of Member States, such as those applicable in the present case, which preclude the benefit of the tax exemption provided for in that provision in the case where the supply of energy products was carried out in breach of the conditions laid down by the Member State, even though that supply satisfies the essential conditions for application of the exemption set out in that provision of Directive 2003/96?

(1) OJ 2003 L 283, p. 51.

(2) OJ 2004 L 157, p. 100.