Hecta Viticol (Judgment) French Text [2020] EUECJ C-184/19 (30 April 2020)

Hecta Viticol (Judgment) French Text [2020] EUECJ C-184/19 (30 April 2020)

EU law does not require Member States to apply identical excise rates to wine and other fermented beverages; differentiated rates are permitted. The principles of legal certainty and protection of legitimate expectations do not preclude a national law that changes excise rates without a transitional regime, provided...

Source-derived case information.

Citation
[2020] EUECJ C-184/19
Parties
Applicant: Hecta Viticol SRL; Respondent: Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor; Respondent: Biroul Vamal de Interior Buzău; Respondent: Direcţia Generală Regională a Finanţelor Publice Galaţi; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment
Outcome
Questions answered; national law not precluded by EU law under the circumstances described.
Legal Topics
Excise Duties, Alcohol Taxation, Legal Certainty, Legitimate Expectations, Directive Interpretation
European Union Law Tax Law Excise Duties Alcohol Taxation Legal Certainty Legitimate Expectations Directive Interpretation

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Parties

Hecta Viticol SRL

Applicant

Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor

Respondent

Biroul Vamal de Interior Buzău

Respondent

Direcţia Generală Regională a Finanţelor Publice Galaţi

Respondent

Commission européenne

Intervener

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment

  1. 1 Whether EU law requires identical excise rates for wine and other fermented beverages
  2. 2 Whether principles of legal certainty and legitimate expectations preclude sudden excise rate changes without transitional regime

Ratio Decidendi

EU law does not require Member States to apply identical excise rates to wine and other fermented beverages; differentiated rates are permitted. The principles of legal certainty and protection of legitimate expectations do not preclude a national law that changes excise rates without a transitional regime, provided the change does not require significant economic adjustments by affected parties.

Court Disposition

Questions answered; national law not precluded by EU law under the circumstances described.

Orders

  • Articles 7, 11, 15 of Directive 92/83/CEE and Article 5 of Directive 92/84/CEE do not require identical excise rates for wine and other fermented beverages.
  • Principles of legal certainty and legitimate expectations do not preclude immediate changes to excise rates without a transitional regime, unless significant economic adjustments are required, which is for the national court to verify.