Language of document :

Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 28 May 2020 — B Oy

(Case C-223/20)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Appellant: B Oy

Other party: Veronsaajien oikeudenvalvontayksikkö

Questions referred

Is Article 4 of Directive 92/83/EEC 1 to be interpreted as meaning that a Member State which applies reduced rates of excise duty to beer produced by independent small breweries pursuant to that provision must also apply the provision on the joint taxation of small breweries contained in the second sentence of Article 4(2) of that directive, or is the application of the latter provision left to the discretion of the Member State concerned?

Does the second sentence of Article 4(2) of Directive 92/83/EEC have direct effect?

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1     Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (OJ 1992 L 316, p. 21).