Judgment of the Court (Third Chamber) 19 February 2002 in Case C-295/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Infringement of Article 1 of Regulation (EEC) No 4055/86 — Disembarkation/embarkation tax payable by passengers — Tax not applicable to passengers travelling between ports on Italian territory)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, equal treatment, freedom to provide services, maritime transport

C 109/12

EN

Official Journal of the European Communities

4.5.2002

1. Declares that, by requiring undertakings engaged in the
provision of temporary labour which are established in other
Member States to maintain their registered office or a branch
office on Italian territory, and so lodge a guarantee of ITL
700 million with a credit institution having its registered office
or a branch office on Italian territory, the Italian Republic has
failed to fulfil its obligations under Articles 49 EC and 56 EC.

2. Orders the Italian Republic to pay the costs.

1. Declares that, by maintaining in force a tax applicable to
passengers embarking and disembarking in the ports of Genoa,
Naples and Trieste (Italy) when arriving from or travelling to
ports in another Member State or a third country, but not in
the case of carriage between two ports located on Italian
territory, the Italian Republic has failed to fulfil its obligations
under Article 1 of Council Regulation (EEC) No 4055/86 of
freedom to
22 December 1986 applying the principle of
provide services to maritime transport between Member States
and between Member States and third countries;

(1) OJ C 259 of 9.9.2000.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 285 of 7.10.2000.

JUDGMENT OF THE COURT

(Third Chamber)

19 February 2002

in Case C-295/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Infringement of Article 1 of Regulation (EEC) No 4055/86
— Disembarkation/embarkation tax payable by passengers
— Tax not applicable to passengers travelling between ports
on Italian territory)

(2002/C 109/18)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-295/00, Commission of the European Communities
(agents: E. Traversa and B. Mongin) v Italian Republic (agent:
U. Leanza, assisted by G. De Bellis): Application for a
declaration that, by maintaining in force a tax applicable to
passengers embarking and disembarking in the ports of Genoa,
Naples and Trieste (Italy) when arriving from or travelling to
ports in another Member State or a third country, but not in
the case of carriage between two ports located on Italian
territory, the Italian Republic has failed to fulfil its obligations
under Article 1 of 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),
(Third Chamber), composed of:
the Court
F. Macken, President of
the Chamber, C. Gulmann and
J.-P. Puissochet (Rapporteur), Judges; S. Alber, Advocate Gen-
eral; R. Grass, Registrar, has given a judgment on 19 February
2002, in which it:

JUDGMENT OF THE COURT

(Fifth Chamber)

27 February 2002

in Case C-302/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Directives 95/59/EC and 92/79/EEC — Article 95 of the EC
Treaty (now, after amendment, Article 90 EC) — Taxes
affecting the consumption of manufactured tobaccos —
Minimum reference price for all cigarettes of the same brand
— Different rates of tax on dark-tobacco and light-tobacco
cigarettes)

(2002/C 109/19)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-302/00, Commission of the European Communities
(Agents: E. Traversa and C. Giolito) v French Republic (Agents:
G. de Bergues and S. Seam):
for a declaration that by
maintaining in force: