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Case C-221/08: Action brought on 22 May 2008 — Commission of the European Communities v Ireland
ECLI:EU:UNKNOWN:62008CN0221
62008CN0221
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Valentina R., lawyer
15.8.2008
EN
Official Journal of the European Union
C 209/23
(Case C-221/08)
(2008/C 209/34)
Language of the case: English
Parties
Applicant: Commission of the European Communities (represented by: R. Lyal, W. Mölls, Agents)
Defendant: Ireland
The applicant claims that the Court should:
—declare that by imposing minimum and maximum retail prices for cigarettes, Ireland has failed to comply with its obligations under Article 9(1) of Council Directive 95/59/EC (1) of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco;
—declare that by failing to provide the necessary information on the applicable Irish legislation in order to enable the Commission to fulfil its duty to monitor compliance with Directive 95/59, Ireland has failed to comply with its obligations under Article 10 EC;
—order Ireland to pay the costs.
Pleas in law and main arguments
By virtue of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (No 2) Regulations 1986 and the arrangements made in implementation of those regulations with tobacco manufacturers and importers, Ireland imposes a minimum price for cigarettes corresponding to a level no more than 3 % below the weighted average price for cigarettes in the category in question. Moreover, in so far as manufacturers and importers may not set prices more than 3 % above that weighted average price, Ireland also imposes a maximum price for cigarettes. Such a system is contrary to Article 9(1) of directive 95/59, under which tobacco manufacturers are ‘free to determine the maximum retail selling price for each of their products’.
Pursuant to Article 10 EC, the Member States have a duty to facilitate the Commission's tasks, in particular by complying with requests for information made in the course of infringement proceedings. The Commission submits that by failing to provide any information on the applicable Irish legislation, despite the Commission's repeated requests, Ireland has failed to comply with its obligations under Article 10 EC.
(1) OJ L 291, p. 40.