CELEX: C2005/115/23
Language: en
Date: 2005-05-14 00:00:00
Title: Case C-110/05: Action brought on 4 March 2005 by the Commission of the European Communities against the Italian Republic

14.5.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 115/12
            
         Action brought on 4 March 2005 by the Commission of the European Communities against the Italian Republic
   (Case C-110/05)
   (2005/C 115/23)
   Language of the case: Italian
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 4 March 2005 by the Commission of the European Communities, represented by D. Recchia and F. Amato, acting as Agents, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               declare that by prohibiting the towing of trailers by motor vehicles the Italian Republic has failed to fulfil its obligations under Article 28 EC;
            
         
               2.
            
            
               order the Italian Republic to pay the costs incurred by the Commission of the European Communities.
            
         Pleas in law and main arguments
   Under Article 56 of the Codice della strada (Italian highway code) the towing of trailers by any motor vehicle other than a tractor unit is prohibited in Italy.
   According to the Commission there can be no doubt that the effect of that prohibition is to restrict the use of trailers lawfully produced and sold in Members States where there is no such prohibition, thereby establishing an obstacle to their importation and sale in Italy.
   Consequently, the Commission submits that the Italian Republic has failed to fulfil its obligations under Article 28 EC.