Case C-531/06: Action brought on 22 December 2006 — Commission of the European Communities v Italian Republic
Date: 2007-02-24
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, free movement of capital, pharmacy, right of establishment, shareholding

24.2.2007

EN

Official Journal of the European Union

C 42/19

Action brought on 22 December 2006 — Commission of
the European Communities v Italian Republic

Form of order sought

(Case C-530/06)

(2007/C 42/33)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti and N. Yerrell, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2003/41/EC (1) of
the
Council of 3 June 2003 on the activities and supervision of
institutions for occupational retirement provision, or, in any
event, by not informing the Commission of such measures,
the Italian Republic has failed to fulfil its obligations under
that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
2003/41/EC expired on 23 September 2005.

the implementation of Directive

(1) OJ L 235, p.10.

Action brought on 22 December 2006 — Commission of
the European Communities v Italian Republic

(Case C-531/06)

(2007/C 42/34)

Language of the case: Italian

The applicant claims that the Court should:

— declare that,

(a) by keeping in force legislation which restricts the right
to operate private pharmacies to natural persons who
have
and to companies
composed exclusively of members who are pharmacists;
and

graduated in pharmacy

(b) by keeping in force legislative provisions which make it
impossible for undertakings engaged in the distribution
of pharmaceutical products to acquire shareholdings in
the companies which manage municipal pharmacies,

the Italian Republic has failed to fulfil its obligations under
Articles 43 and 56 of the EC Treaty;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The prohibition on the acquisition of shareholdings in private
pharmacies by natural persons who are not pharmacists or by
undertakings which are not composed exclusively of pharma-
cists not only obstructs, but renders absolutely impossible for
those categories of persons, the exercise of two fundamental
freedoms guaranteed by the Treaty, namely free movement of
capital and freedom of establishment.

The prohibition on the acquisition of shareholdings in compa-
nies which manage municipal and private pharmacies by under-
takings engaged in pharmaceutical distribution can be inferred
from several rules still in force in the Italian legal system and is
very likely to be applied by the Italian courts. That prohibition
constitutes an obstacle both to the free movement of capital
and to the exercise of the right of establishment.

Reference for a preliminary ruling from the Corte suprema
lodged on 27 December 2006 —
di cassazione (Italy)

Industria Lavorazione Carni Ovine v Regione Lazio

(Case C-534/06)

(2007/C 42/35)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa, Agent, G. Giacomini and E. Boglione,
avvocati)

Parties to the main proceedings

Applicant: Industria Lavorazione Carni Ovine

Defendant: Italian Republic

Defendant: Regione Lazio