AS MANAGER OF A BRANCH OF THE BANCA POPOLARE DI PADOVA E TREVISO AND THEREFORE AS A PERSON RESPONSIBLE FOR A PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 358 OF THE ITALIAN PENAL CODE, OF HAVING FAILED, CONTRARY TO ARTICLE 362 OF THE PENAL CODE, TO NOTIFY THE JUDICIAL AUTHORITIES OF THE FACT THAT A BANK CHEQUE HAD BEEN ISSUED WITHOUT PROVISION, ALTHOUGH THAT FACT HAD COME TO HIS ATTENTION IN THE EXERCISE OF HIS DUTIES OR AS A RESULT THEREOF . THAT CHARGE PRESUPPOSES THAT THE PROVISION OF BANKING FACILITIES CONSTITUTES A PUBLIC SERVICE ACTIVITY IN ITALY .
3 THE PRETORE CONSIDERED THAT THE PROCEEDINGS RAISED QUESTIONS OF INTERPRETATION OF COMMUNITY LAW; HE THEREFORE STAYED THE PROCEEDINGS UNTIL THE COURT SHOULD HAVE GIVEN A PRELIMINARY RULING ON THE FOLLOWING QUESTIONS :
"( 1 ) UNDER DIRECTIVE 77/780/EEC REGULATING THE TAKING UP OF THE BUSINESS OF CREDIT INSTITUTIONS, WAS THE RECEIPT OF SAVINGS INTENDED TO CONSTITUTE MERELY A BUSINESS ACTIVITY, GOVERNED AS SUCH BY THE FUNDAMENTAL FREEDOMS GUARANTEED BY THE TREATIES, OR WERE THE REQUIREMENTS OF THE PROTECTION OF SAVINGS AND OF INDIVIDUAL SAVERS REGARDED AS BEING OF PARAMOUNT IMPORTANCE AND THE ACTIVITY OF CREDIT INSTITUTIONS THUS TREATED AS AN ACTIVITY PURSUED IN THE PUBLIC INTEREST OF THE COMMUNITY, WITH ALL THE CONSEQUENCES ATTACHING THERETO IN TERMS OF THE DIFFERENCES IN THE CLASSIFICATION OF THAT ACTIVITY IN THE LEGAL SYSTEMS OF THE MEMBER STATES?
( 2 ) IS THE CONCEPT OF AUTHORIZATION DEFINED IN ARTICLE 1 OF THE DIRECTIVE INTENDED TO REFER TO AN INSTRUMENT WHICH IS ISSUED IN ANY FORM BY THE AUTHORITIES OF THE MEMBER STATES BUT WHICH IN ANY EVENT ESTABLISHES THE LEGAL STATUS OF, OR CONFERS A LEGAL STATUS UPON, THE CREDIT INSTITUITION CONCERNED ( PRECISELY ON ACCOUNT OF THE FACT THAT THE ACTIVITY CARRIED ON BY THAT INSTITUTION IS IN THE PUBLIC INTEREST ) OR IS THAT CONCEPT INTENDED TO REFER TO ANY INSTRUMENT AUTHORIZING IN GENERAL TERMS THE PURSUIT OF A BUSINESS ACTIVITY, WHICH - AS A REFLECTION OF THE FREEDOM TO ENGAGE IN ECONOMIC ACTIVITY - ALREADY FORMS AN INTEGRAL PART OF THE BODY OF RIGHTS VESTED IN EVERY INDIVIDUAL UNDER THE LEGAL SYSTEMS OF THE MEMBER STATES?
( 3 ) IN THE LIGHT OF THE OBJECTIVES OF THE DIRECTIVE SET OUT IN THE PREAMBLE THERETO, IS NATIONAL LEGISLATION COMPATIBLE WITH THE AIMS PURSUED BY THE COMMUNITY WHERE IT LIMITS, RESTRICTS OR CONFERS A PARTICULAR STATUS ON ANYBODY CARRYING ON BUSINESS AS A CREDIT INSTITUTION ON ACCOUNT OF THE FACT THAT THE ACTIVITY CARRIED ON CONSTITUTES A PUBLIC SERVICE?"
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS OF THE CASE, THE PROCEDURE AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
5 A QUESTION REFERRED BY THE CORTE D' APPELLO, VENICE, CONCERNING THE SAME NATIONAL LEGISLATION AND RAISING ISSUES SIMILAR TO THOSE IN THIS CASE WAS