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Case C-336/22, f6 Cigarettenfabrik: Judgment of the Court (Third Chamber) of 14 March 2024 (request for a preliminary ruling from the Finanzgericht Düsseldorf – Germany) – f6 Cigarettenfabrik GmbH & Co. KG v Hauptzollamt Bielefeld

ECLI:EU:UNKNOWN:62022CA0336

62022CA0336

March 14, 2024
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Official Journal of the European Union

C series

C/2024/3039

13.5.2024

(Case C-336/22,

f6 Cigarettenfabrik)

(Reference for a preliminary ruling - Taxation - General arrangements for excise duty - Directive 2008/118/EC - Article 1(2) - Other indirect taxes on excise goods - Conditions for levying such a tax - Specific purpose pursued by the tax - Excise duty applied to manufactured tobacco - Directive 2011/64/EU - Article 14 - Taxation rules - Compliance with those rules by other indirect taxes on excise goods - Heated tobacco - National legislation establishing, for heated tobacco, a tax structure and tax rate differing from those applicable to ‘other smoking tobaccos’)

(C/2024/3039)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: f6 Cigarettenfabrik GmbH & Co. KG

Defendant: Hauptzollamt Bielefeld

Operative part of the judgment

Article 1(2) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC

must be interpreted as meaning that the concept of ‘other indirect taxes on excise goods for specific purposes’ covers a supplementary tax applicable to heated tobacco, the amount of which is 80 % of the excise applicable to cigarettes, less the amount of excise duty applicable to such heated tobacco.

ELI: http://data.europa.eu/eli/C/2024/3039/oj

ISSN 1977-091X (electronic edition)

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