# C_2016111EN.01000901.xml

| 29.3.2016 | EN | Official Journal of the European Union | C 111/9 |
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29.3.2016

EN

Official Journal of the European Union

C 111/9

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Request for a preliminary ruling from the Commissione tributaria provinciale di Genova (Italy) lodged on 7 January 2016 — Ignazio Messina & C. SpA v Autorità portuale di Genova

(Case C-12/16)

(2016/C 111/12)

Language of the case: Italian

Referring court

Referring court

Commissione tributaria provinciale di Genova

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ignazio Messina & C. SpA

Applicant:

Defendant: Autorità portuale di Genova

Defendant:

Questions referred

Questions referred

| 1. | Does Regulation EEC No 4055/1986, (1) as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to an Italian port? |
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1.

Does Regulation EEC No 4055/1986, (1) as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to an Italian port?

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| 2. | Does Regulation EEC No 4055/1986, as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to a port within the EU, where that difference may be justified by the performance of public authority functions and/or duties and/or activities not expressly funded by that fee? |
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2.

Does Regulation EEC No 4055/1986, as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to a port within the EU, where that difference may be justified by the performance of public authority functions and/or duties and/or activities not expressly funded by that fee?

| 3. | Does Regulation EEC No 4055/1986, as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to a port within the EU, where that difference may be justified by the performance of public authority functions by entities other than that which receives the fee? |
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3.

Does Regulation EEC No 4055/1986, as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to a port within the EU, where that difference may be justified by the performance of public authority functions by entities other than that which receives the fee?

| 4. | Does Regulation EEC No 4055/1986, as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to a port within the EU, where that difference may be justified by the performance of public authority functions but no determination has been made of the individual costs to be covered, so that it is not possible to verify, either beforehand or afterwards, the costs of which services have in fact been covered [or] in what way and to what extent that fee has in fact funded those services? |
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4.

Does Regulation EEC No 4055/1986, as interpreted by the Court of Justice, preclude the application of national legislation, such as Decree No 107/2009 of the President of the Republic, which requires payment of a fee that differs according to whether it relates to vessels coming from or going to a State outside the EU or vessels coming from or going to a port within the EU, where that difference may be justified by the performance of public authority functions but no determination has been made of the individual costs to be covered, so that it is not possible to verify, either beforehand or afterwards, the costs of which services have in fact been covered [or] in what way and to what extent that fee has in fact funded those services?

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(1)  Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ 1986 L 378, p. 1).

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