CELEX: C1998/358/20
Language: en
Date: 1998-11-21 00:00:00
Title: Action brought on 2 October 1998 by the Commission of the European Communities against the Italian Republic (Case C-358/98)

21.11.98              EN                 Official Journal of the European Communities                                   C 358/11
3. For the purposes of Article 8 and/or 9 of Directive              Action brought on 2 October 1998 by the Commission of
    64/221/EEC, where national law:                                   the European Communities against the Italian Republic
                                                                                           (Case C-358/98)
                                                                                            (98/C 358/20)
    Ð permits the competent authorities, as an alternative
         to detention, to grant temporary admission' to a
         national of another Member State who does not
         hold a current residence permit onto the territory         An action against the Italian Republic was brought before
         of the host Member State, without granting that            the Court of Justice of the European Communities on
         person entry' under national law into the Member          2 October 1998 by the Commission of the European
         State concerned; and                                       Communities, represented by Enrico Traversa and Maria
                                                                    Patakia, of its Legal Service, acting as Agents, with an
                                                                    address for service in Luxembourg at the office of Carlos
                                                                    Gómez de la Cruz, Wagner Centre, Kirchberg.
    Ð permits the competent authorities to keep the
         person concerned on temporary admission until
         they have completed their enquiries as to whether          The applicant claims that the Court should:
         or not the facts justify measures to exclude that
         person from the Member State on grounds of
         public policy,                                             Ð declare that, by making the provision of cleansing,
                                                                         disinfection,   disinfestation,  rodent-control     and
                                                                         sanitation services by operators established in other
                                                                         Member States subject to registration under Article 1
                                                                         of Law No 82/1994 of 25 January 1994, in
    is a subsequent decision to refuse entry' to that person            accordance with Articles 1 and 6 of that Law, the
    and to exclude her from the territory of the Member                  Italian Republic has failed to fulfil its obligations
    State on grounds of public policy a decision                         under Article 59 of the EC Treaty;
    concerning entry into the territory of a Member State,
    or a decision concerning expulsion from the territory
    of a Member State?
                                                                    Ð order the Italian Republic to pay the costs of the
                                                                         proceedings.
4. Is the answer to question 3 different if national law            Pleas in law and main arguments adduced in support:
    permits the competent national authorities to lift
    employment restrictions initially imposed as a
    condition of such temporary admission, and those
                                                                    According to the Commission, the obligation on
    authorities do so after the decision is taken to refuse
                                                                    undertakings to register and the substantial penalties
    admission to the national territory, pending the
                                                                    provided for failure to comply with that obligation
    determination of judicial review proceedings to set
                                                                    amount to a clear breach of Article 59 of the Treaty,
    aside that refusal?
                                                                    which provides for the abolition of all restrictions on the
                                                                    freedom to provide services within the Community. By
                                                                    providing penal sanctions for the exercise of cleansing
                                                                    activities by non-registered undertakings, by providing
                                                                    that contracts concluded with such undertakings are void,
5. Is the answer to question 3 capable of being affected            and by providing for administrative penalties to be
    by the length of time taken a) to refuse entry' and/or         imposed on those receiving cleansing services provided by
    b) to implement such decision by actually removing              non-registered undertakings, Article 6 of Law No 82/1994
    the person concerned from the territory of the                  has the result that registration of undertakings constitutes
    Member State, and if so in what way?                            an essential precondition to carrying out cleansing,
                                                                    disinfection and similar activities within the territory of
                                                                    the Italian State.
6. Is the answer to question 5 in turn capable of being
    affected by whether the delay in implementing a                 The Commission submits that, in so far as that
    decision to refuse entry' is due to a challenge to its         registration requirement also applies to operators
    legality, and if so in what way?                                established in other Member States and not established in
                                                                    Italy, it prevents and in any event obstructs the freedom to
                                                                    provide services as defined by Article 60 of the Treaty.