37Relying on Case 45/75 Retve-Zentrale v Hauptzollamt Landau [1976] ECR 181, paragraph 15, the French Government argues that it is not sufficient, in order to establish an infringement of the first paragraph of Article 95 of the Treaty, to demonstrate, as the Commission does, that application of the 1956 Circular to vehicles incorporating an innovative technology leads, if only in certain cases, to higher taxation of imported products. The application of that case-law is subject to the condition that the taxation of the imported product and that of the similar domestic product are calculated on the basis of different criteria, which is not the case here.
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