Case C-110/05: Judgment of the Court (Grand Chamber) of 10 February 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Article 28 EC — Concept of measures having equivalent effect to quantitative restrictions on imports — Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State — Road safety — Market access — Obstacle — Proportionality)
Date: 2009-02-10
Institutions: Court of Justice
Subjects: European Commission, Italy, action for annulment (EU), commercial vehicle, free movement of goods, import restriction, infringement of EU law

C 82/2

EN

Official Journal of the European Union

4.4.2009

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Grand Chamber) of 10 February
the European Communities v
2009 — Commission of

Italian Republic

(Case C-110/05) (1)

to

fulfil

of a Member State

(Failure
obligations —
Article 28 EC — Concept of ‘measures having equivalent
effect to quantitative restrictions on imports’ — Prohibition
on mopeds, motorcycles, motor
tricycles and quadricycles
towing a trailer in the territory of a Member State — Road
safety — Market access — Obstacle — Proportionality)

(2009/C 82/02)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and F. Amato, Agents,)

Defendant:
Agent, assisted by M. Fiorilli, avvocato dello Stato)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Failure of a Member State to fulfil its obligations — Breach of
Article 28 EC — National legislation prohibiting motor vehicles
(with the exception of tractors) from pulling trailers

Operative part of the judgment

The Court:

1. Dismisses the action;

Judgment of the Court (Grand Chamber) of 10 February
2009 — Ireland v European Parliament, Council of the
European Union

(Case C-301/06) (1)

(Action for annulment — Directive 2006/24/EC — Retention
of data generated or processed in connection with the provi-
sion of electronic communications services — Choice of legal
basis)

(2009/C 82/03)

Language of the case: English

Parties

Applicant: Ireland (represented by: D. O'Hagan, acting as Agent,
E. Fitzsimons, D. Barniville and A. Collins SC)

Intervener in support of the applicant: Slovak Republic (represented
by: J. Čorba, acting as Agent)

Defendants: European Parliament (represented by: H. Duintjer
Tebbens, M. Dean and A. Auersperger Matić, and subsequently
by the latter two and K. Bradley, acting as Agents), Council of
the European Union (represented by: J.-C. Piris, J. Schutte and
S. Kyriakopoulou, acting as Agents)

Interveners in support of the defendants: Kingdom of Spain (repre-
sented by: M.A. Sampol Pucurull and J. Rodríguez Cárcamo,
acting as Agents), Kingdom of the Netherlands (represented by:
C. ten Dam and C. Wissels, acting as Agents), Commission of
the European Communities
(represented by: C. Docksey,
R. Troosters and C. O'Reilly, acting as Agents), European Data
Protection Supervisor (represented by: H. Hijmans, acting as
Agent)

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

costs.

Re:

(1) OJ C 115, 14.5.2005.

Annulment of Directive 2006/24/EC of the European Parlia-
ment and of the Council of 15 March 2006 on the retention of
data generated or processed in connection with the provision of
publicly available electronic communications services or of
public
communications networks and amending Directive
2002/58/EC (OJ L 105, p. 54) — Choice of legal basis