Judgment of the Court (First Chamber) of 5 June 2008.#Commission of the European Communities v Republic of Poland.#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.#Case C-170/07.

Subject of the case

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

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.