CELEX: C1999/281/04
Language: en
Date: 1999-10-02 00:00:00
Title: Case C-264/99: Action brought on 16 July 1999 by the Commission of the European Communities against the Italian Republic

2.10.1999               EN                      Official Journal of the European Communities                                       C 281/3
Action brought on 16 July 1999 by the Commission of                        Action brought on 16 July 1999 by the Commission of
  the European Communities against the Italian Republic                     the European Communities against the French Republic
                          (Case C-264/99)                                                          (Case C-265/99)
                          (1999/C 281/04)                                                          (1999/C 281/05)
An action against the Italian Republic was brought before the              An action against the French Republic was brought before the
Court of Justice of the European Communities on 16 July                    Court of Justice of the European Communities on 16 July
1999 by the Commission of the European Communities,                        1999 by the Commission of the European Communities,
represented by Antonio Aresu and Maria Patakia, both of its                represented by Enrico Traversa, Legal Adviser, and Hélène
Legal Service, acting as Agents, with an address for service in            Michard, of its Legal Service, acting as Agents, with an address
Luxembourg at the office of Carlos Gómez de la Cruz, Wagner               for service in Luxembourg at the office of Carlos Gómez de la
Centre, Kirchberg.                                                         Cruz, Wagner Centre, Kirchberg.
The Commission of the European Communities claims that                     The Commission of the European Communities claims that
the Court should:                                                          the Court should:
a) Declare that, by maintaining legislation which requires                 — declare that, by maintaining and applying rules providing
     Community nationals who pursue an activity as hauliers                    for the application of an unfavourable formula for calculat-
     in Italy as service providers to register with Chambers                   ing the power rating for administrative purposes of vehicles
     of Commerce, following authorisation by the Ministero                     fitted with six-speed manual gearboxes and automatic
     dell’Interno, the Italian Republic has failed to fulfil its               five-speed gearboxes, which produces discriminatory or
     obligations under Articles 6, 52 and 59 of the EC Treaty                  protectionist effects vis-à-vis vehicles manufactured in
     (now, after amendment, Articles 12 EC, 43 EC and 49 EC);                  other Member States by comparison with similar or
                                                                               competing national vehicles, and
b) Order the Italian Republic to pay the costs.
                                                                           — by maintaining provisions limiting the K factor for the
                                                                               purposes of calculating the power rating for tax purposes
Pleas in law and main arguments                                                of vehicles for which type-approval was issued on an
                                                                               isolated basis between 1 January 1978 and 12 January
                                                                               1988 and which are regarded as equivalent to type-
                                                                               approved vehicles having an actual power in excess of
a) I n f r i n g e m e n t o f   Article 59 of the EC                          100 kW,
    Treaty           (now,          after          amendment,
    Article 49 EC)                                                         — the French Republic has failed to fulfil its obligations under
                                                                               Article 95 of the EC Treaty (now Article 90 EC);
The requirement that any natural or legal person pursuing an               — order the French Republic to pay the costs.
activity as haulier should register in the appropriate register
held by the regional chamber of commerce does not appear to
be compatible with the principle of freedom to provide
services. Although such obligation to register is not directly             Pleas in law and main arguments
discriminatory, it does constitute an obstacle for economic
operators established in a Member State other than Italy
seeking to pursue their activities in that State.                          (Vehicles fitted with six-speed manual gearboxes or automatic
                                                                           five-speed gearboxes)
                                                                           — Infringement of Article 90 EC: the use, in relation to the
b) I n f r i n g e m e n t o f A r t i c l e s 6 a n d 5 2 o f t h e           models referred to, of the formula for calculating their
     EC Treaty (now, after amendment,                                          power rating for administrative purposes resulting from
     Articles 12 and 43 EC)                                                    the 1956 circular, produces discriminatory or protectionist
                                                                               effects by comparison with similar national vehicles to
                                                                               which the generally more favourable 1977 circular applies.
Article 6 of Law No 1442 lays down rules governing regis-
                                                                               The models in question which are produced in other
tration and provides in particular that, so far as concerns
                                                                               Member States seek to achieve the best performance in
foreign firms and companies and firms in general represented
                                                                               terms of fuel consumption and pollution emission levels.
by foreign nationals, the applicant must produce the authoris-
                                                                               These are parameters which the French legislature expressly
ation issued by the Ministero dell’Interno. That provision
                                                                               sought to take into account in 1977, and which prompted
appears to be incompatible with the fundamental principles
                                                                               it to adopt a more complex new formula for calculating
laid down in Articles 12 EC and 43 EC.
                                                                               vehicle power ratings for administrative purposes. Accord-
                                                                               ing to the information in the Commission’s possession,
                                                                               national production of such vehicles is limited to a single
                                                                               vehicle having an automatic five-speed gearbox.