スペインの最高裁は、欧州各国との電脳網によるたばこ屋のたばこの輸出や輸入を合法化
El Supremo permite a los estancos importar tabaco y exportar por Internet
El alto tribunal refrenda así una sentencia de la Justicia Europea
La UE ya declaró ilegal que hubiera restricciones en España a la libre circulación de mercancías
La venta on line solo se podrá aplicar para exportar fuera de España y sin promocionarla
El producto final se venderá con los impuestos que se aplican en España
DESCARGABLE Lea la sentencia del Supremo
Cristina Delgado Madrid 26 NOV 2012 - 18:57 CET
The Supreme allows tight import and export the Internet snuff
The high court thus endorsed a ruling by the European Court
The EU already outlawed in Spain that had restrictions on the free movement of goods
The online sales can only be applied to export outside Spain without promoting it
The final product will be sold with the taxes levied in Spain
DOWNLOADABLE Read the judgment of the Supreme
Cristina Delgado Madrid 26 NOV 2012 - 18:57 CET
The Supreme Court has overturned the ban on snuff watertight to import from other states of the European Union, which endorses the judgment of the Court of Justice of the EU, while allowing them to export remote or electronic means ( for example, the Internet) to other European Union countries (you can not sell to customers online Spanish). This is stated in the judgment dated November 8, at which point it also nullifies the ban regulates dispensers have professional or employment relationship with importers, manufacturers and wholesalers of snuff.
Specifically, the high court agrees with the decision of the Supreme Court of the European Union, which outlawed Spanish rule that prohibited importing watertight to snuff as infringing the principle of free movement of capital. The decision is upheld in part the action brought by the Association of Entrepreneurs and Businessmen of Snuff (ECOT), formerly the National Association of Retailers of Snuff and Stamp (Anett).
moreDOWNLOADABLE Read the judgment of the SupremeThe EU allows import snuff watertightEurope tobacconists it illegal not to import Spanish snuff
"We are pleased with the sentence. Has been a recognition of our requests, after a very long process that started in 2007., But the sentence is complex. Still are studying the scope to see," said Maria Isabel Gonzalez, president of Ecot. "Until now we were tied to a single supplier. Now, in principle, could import from other countries.'s A significant progress as we would, for example, buy products that are not sold in Spain, as in the case of some pipe tobaccos. addition, it could mean opening up competition, since if a European distributor offers better conditions than the Spanish, we could come to this, "said Gonzalez, who insists that, for now, are studying the judgment. "We are cautious, because we assume that following the judgment now must clarify the rules at Spanish, but it is a big step," he explained.
The lawyer Enrique Garrido, Ariño and Associates, which has represented Ecot, also stressed the importance of interpreting the sentence. "Now the judgment is published, but you have to know its scope," he noted. It explains, for example, that Internet sales may only be made for export, not in Spain. And as online trade, other rules must be respected product. "It is forbidden to promote snuff and therefore surely can serve a customer who requests it, but not to promote a website selling snuff," he qualified. Furthermore, it should be noted that the sales tax that is applied to a product, even if imported, are those of the country where it is sold.
The Supreme Court refers to the judgment of the European Court, which stated that "the free movement of goods precludes national legislation such as the Spanish prohibiting holders of snuff and timbre tobacconist develop import activity of work of snuff from other Member States. " Spanish law, the judgment stated, impedes access to the Spanish market of snuff from other Member States and therefore constitutes a measure having equivalent effect to a quantitative restriction.
A sentence covered by the EU
The Supreme Court also considers that the prohibition on the activity of manufacture, import or wholesale distribution of manufactured snuff is "alien" to the specific function of the monopoly and is contrary to Article 34 of the Treaty on the Functioning of the EU, which provides that "are prohibited between Member States restrictions on imports and all measures having equivalent effect".
In total, the judgment declaring the nullity of sections one, 17, 30 and 32 of the single article of Royal Decree 1/2007 of January 12, "to the extent and scope determined in the legal third, seventh, ninth and eleventh exposed ". Article 32 is preventing Internet sales of snuff, and was restricted stating that "the commercial activities that exceed the scope of the concession itself as distance selling or by electronic means or by export or other tobacconist" . According to the Supreme, the request to be canceled this limitation, "must be estimated, in the sense of declaring that there is no application of this offense to punish those actions attributable to the owner of the retail shop of snuff for sale or export of manufactured snuff citizens of the European Union, as restricts the marketing of such products in the States of the European Union ".
The further recalls that the Supreme Court expressly rejected EU claims made by the Spanish Government regarding the ban "controversial" to prevent the import duties of snuff dispensers can be justified by the need to ensure fiscal control and customs and ensure their health control or to achieve objectives related to consumer protection.
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