CELEX: C2000/285/08
Language: en
Date: 2000-10-07 00:00:00
Title: Case C-298/00 P: Appeal brought on 3 August 2000 by the Italian Republic against the judgement delivered on 15 June 2000 by the Fourth Chamber (Extended Composition) of the Court of First Instance of the European Communities in Joined Cases T-298/97, T-312/97, T-313/97, T-315/97, T-600/97 to T-607/97, T-1/98, T-3/98 to T-6/98 and T-23/98 between Mauro Alzetta and Others, supported by the Italian Republic, and the Commission of the European Communities

C 285/4                 EN                   Official Journal of the European Communities                                     7.10.2000
(b) order the Italian Republic to pay the costs.                              T-312/97, T-313/97, T-315/97, T-600/97 to T-607/97,
                                                                              T-1/98, T-3/98 to T-6/98 and T-23/98;
Pleas in law and main arguments                                         2.    alternatively, set aside that judgment in so far as it
                                                                              imposes the obligation to recover the aid granted together
Article 32(d) of Italian Law No 82/1963 provides for the                      with interest thereon;
payment of a tax by passengers disembarking or embarking in
the ports of Genoa, Naples and Trieste where those passengers           3.    order the Commission of the European Communities to
arrive from, or are travelling to, places in another Member                   pay the costs in any event.
State or a third country, whereas no such tax is levied in the
case of carriage between two places located on Italian territory.
                                                                        Pleas in law and main arguments
That manifest difference between tax regimes has a substan-
tially adverse effect on the exercise by the economic operators
concerned of their freedom to provide services, and therefore           The first plea concerns the allegedly erroneous characterisation
constitutes a clear restriction on freedom to provide maritime          of the measures as ‘new’ aid and a lack of reasoning in the
transport passenger services, contrary to Article 1(1) of Regu-         judgment of the Court of First Instance. The aid granted by the
lation No 4055/86.                                                      Friuli-Venezia Giulia Region, as provided for by the Laws of
                                                                        1981 and 1985, cannot be regarded as ‘new’, despite having
                                                                        from a chronological standpoint been granted after the entry
(1) OJ L 378 of 31.12.1986, p. 1.
                                                                        into force of Regulation No 1018/68 (1) which opened up the
                                                                        activity in question to competition, since the international
                                                                        road haulage sector could not yet be regarded as having been
                                                                        fully liberalised. Moreover, that aid did not have any effect on
                                                                        intra-Community trade and was not such as to have any
                                                                        impact on competition; the judgment of the Court of First
                                                                        Instance does not contain sufficient reasoning on those points.
Appeal brought on 3 August 2000 by the Italian Republic
against the judgement delivered on 15 June 2000 by the                  The second plea concerns alleged infringement of the principle
Fourth Chamber (Extended Composition) of the Court of                   of the protection of legitimate expectations and of the principle
First Instance of the European Communities in Joined                    of reasonableness. The effect of the judgment of the Court of
Cases T-298/97, T-312/97, T-313/97, T-315/97, T-600/97                  First Instance requiring Italy to recover the aid granted from
to T-607/97, T-1/98, T-3/98 to T-6/98 and T-23/98 between               1 July 1990 onwards for international transport operations is
Mauro Alzetta and Others, supported by the Italian                      contrary to the aforesaid principles, in particular because it
Republic, and the Commission of the European Communi-                   was not until November 1995 that the Commission com-
                                  ties                                  menced the procedure contesting that aid. In addition, the
                                                                        operation of the decision will have very grave occupational
                                                                        and social consequences.
                         (Case C-298/00 P)
                          (2000/C 285/08)                               (1) OJ L 175 of 23.7.1968, p. 13.
An appeal against the judgment delivered on 15 June 2000 by
the Fourth Chamber (Extended Composition) of the Court of
First Instance of the European Communities in Joined Cases
T-298/97, T-312/97, T-313/97, T-315/97 ,T-600/97 to
T-607/97, T-1/98, T-3/98 to T-6/98 and T-23/98 between
Mauro Alzetta and Others, supported by the Italian Republic,
and the Commission of the European Communities was
brought before the Court of Justice of the European Communi-
ties on 3 August 2000 by the Italian Republic, represented by           Action brought on 7 August 2000 by the Commission of
Prof. Umberto Leanza, acting as Agent, assisted by Giacomo               the European Communities against the French Republic
Aiello, Avvocato dello Stato, with an address for service in
Luxembourg at the Italian Embassy, 5 Rue Marie-Adélaïde.
                                                                                                (Case C-302/00)
The appellant claims that the Court should:
                                                                                                (2000/C 285/09)
1.    set aside in its entirety the judgment delivered on 15 June
      2000 by the Court of First Instance (Fourth Chamber,              An action against the French Republic was brought before the
      Extended Composition) in Joined Cases T-298/97,                   Court of Justice of the European Communities on 7 August