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19.7.2008 |
EN |
Official Journal of the European Union |
C 183/4 |
Judgment of the Court (First Chamber) of 5 June 2008 — Commission of the European Communities v Republic of Poland
(Case C-170/07) (1)
(Failure of Member State to fulfil obligations - Internal taxation - Requirement for imported second-hand vehicles to undergo a roadworthiness test - Articles 28 EC and 30 EC - Directive 96/96/EC - Recognition of roadworthiness tests carried out in other Member States)
(2008/C 183/06)
Language of the case: Polish
Parties
Applicant: Commission of the European Communities (represented by: J. Hottiaux and K. Herrmann, acting as Agents)
Defendant: Republic of Poland (represented by: E. Osniecka-Tamecka, Agent)
Re:
Failure of a Member State to fulfil obligations — Breach of Article 28 EC — National legislation requiring imported second-hand vehicles to undergo a roadworthiness test prior to their registration, whereas domestic vehicles with the same characteristics are not subject to such a requirement
Operative part of the judgment
The Court:
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1. |
Declares that, by subjecting imported second-hand vehicles registered in other Member States to a roadworthiness test prior to their registration in Poland, the Republic of Poland has failed to fulfil its obligations under Article 28 EC; |
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2. |
Orders the Republic of Poland to pay the costs. |