Order of the Court (Fifth Chamber) of 13 July 2011 – Micşa v Administrația Finanțelor Publice Lugoj and Others
(Case C-573/10)
Article 104(3), first indent, of the Rules of Procedure – Internal taxation – Article 110 TFEU – Pollution tax levied on first registration of motor vehicles
Tax provisions – Internal taxation – Pollution tax levies on motor vehicles on their first registration in national territory – Tax applicable to imported second-hand vehicles and without any equivalent for vehicles of the same age and the same condition present on the national market – Not permissible (Art. 110 TFEU) (see paras 22-23, 25, operative part)
Re:
| Reference for a preliminary ruling – Curtea de Appel Timișoara – Registration of second-hand vehicles previously registered in other Member States – Environmental tax on motor vehicles on their first registration in a Member State – Compatibility of national legislation with Article 110 TFEU – Validity of the exemption from payment of the tax in respect of certain categories of vehicle. |
Operative part
Article 110 TFEU must be interpreted as meaning that it precludes a Member State from introducing a pollution tax on motor vehicles on first registration in that Member State if that fiscal measure is set up in such a way as to discourage the placing on the market in that Member State of second-hand vehicles purchased in other Member States without discouraging the purchase of second-hand vehicles of a similar age and condition on the national market.