Another Vending Machine Operator Files Complaint with the European Commission

Viernheim, Germany (December 27, 2023) — The complainant is of the opinion that, in view of the ECJ decisions (Unibet International Ltd. C-49/16; Admiral C-464/15; Berlington C-98/14 ; Pfleger C-390/12; Fortuna C-213/11; Costa, C-72/10 and C 77/10; Engelmann C 64/08) on trade law and tax and duty burdens.

According to Article 4 Paragraph 3 Sentence 3 TEU, the Member States are obliged to uphold Union law, including the fundamental freedoms and the Charter of Fundamental Rights, and to take them into account when interpreting national law.

The Commission will have to check whether the European competition rules, state aid law, Articles 49 and 56 TFEU (freedom to provide services and establishment) and the Treaty of Lisbon are being violated and whether the above-mentioned judgments are being followed.

When processing the complaint, the Commission will also have to take into account the judgments (ECJ judgment C-831/21 of September 21, 2023 and the ECJ judgment T-167/21 of November 15, 2023).

By: Günter Utikal (EU expert, state-certified business economist).

SOURCE: ISA-GUIDE.