Case C-134/05: Judgment of the Court (First Chamber) of 18 July 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Freedom to provide services — Right of establishment — Extrajudicial debt recovery)
Date: 2007-10-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, freedom to provide services, right of establishment

6.10.2007

EN

Official Journal of the European Union

C 235/3

Re:

Operative part of the judgment

Failure of a Member State to fulfil obligations — Failure to fulfil
obligations resulting from Article 12(6) of Council Directive
92/49/EEC of 18 June 1992 on the coordination of laws, regu-
lations and administrative provisions relating to direct insurance
other than life assurance and amending Directives 73/239/EEC
and 88/357/EEC (third non-life insurance Directive) (OJ 1992
L 228, p. 1) and Article 14(5) of Directive 2002/83/EC of the
European Parliament and of the Council of 5 November 2002
concerning life assurance (OJ 2002 L 345, p. 1) — National
legislation which is discriminatory towards insurers in other
Member States

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 19, 22.1.2005.

Judgment of the Court (First Chamber) of 18 July 2007 —
the European Communities v Italian
Commission of

Republic

(Case C-134/05) (1)

(Failure of a Member State to fulfil obligations — Freedom to
provide services — Right of establishment — Extrajudicial
debt recovery)

(2007/C 235/04)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa, Agent)

Defendant: Italian Republic (represented by: I.M. Braguglia and P.
Gentili, Agents)

Re:

1. Declares that, by requiring, within the context of the Consolidated
Law on public security (Testo unico delle leggi di pubblica sicur-
ezza), approved by Royal Decree No 773 of 18 June 1931, every
undertaking pursuing the activity of extrajudicial debt recovery:

— to apply, even though the undertaking holds a licence issued by
the Questore of a province, for a new licence for each other
province in which it wishes to carry on its activities, unless it
confers authority on an authorised agent in that other province,
the Italian Republic has failed to fulfil
its obligations under
Articles 43 EC and 49 EC;

— to have premises in the territory covered by the licence and to
display in those premises a list of the services which may be
provided for clients, the Italian Republic has failed to fulfil its
obligations under Article 49 EC;

— to have premises in each province in which it intends to carry
on its activities, the Italian Republic has failed to fulfil its obli-
gations under Article 43 EC;

2. Dismisses the action as to the remainder;

3. Orders the Commission of

the European Communities and the

Italian Republic to bear their own respective costs.

(1) OJ C 143, 11.6.2005.

Judgment of the Court (Grand Chamber) of 18 July 2007
(reference for a preliminary ruling from the Korkein
hallinto-oikeus) — Oy AA

(Case C-231/05) (1)

(Freedom of establishment — Corporate tax legislation —
Ability of a company to deduct sums paid by way of
intra-group transfer — Obligation on the transferee company
also to have its establishment in the Member State concerned)

(2007/C 235/05)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeu

Failure of a Member State to fulfil obligations — Infringement
of Articles 43 EC and 49 EC — National law making it compul-
sory to obtain a licence in order to carry on the business of
extra-judicial credit recovery the validity of which is restricted to
the province in which it was granted.

Parties to the main proceedings

Applicant: Oy AA