Judgment of the Court (First Chamber) of 5 June 2008 – Commission v Poland
(Case C‑170/07)
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
Free movement of goods – Quantitative restrictions – Measures having equivalent effect (Arts 28 EC and 30 EC; Council Directive 96/96, Art. 3(1) and (2)) (see paras 42-52, operative part)
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
The Court:
1. |
| Declares that, by subjecting imported second-hand vehicles previously 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; |
2. |
| Orders the Republic of Poland to pay the costs. |