CELEX: C2002/109/18
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Third Chamber) 19 February 2002 in Case C-295/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Infringement of Article 1 of Regulation (EEC) No 4055/86 — Disembarkation/embarkation tax payable by passengers — Tax not applicable to passengers travelling between ports on Italian territory)

C 109/12                   EN                      Official Journal of the European Communities                                               4.5.2002
1.    Declares that, by requiring undertakings engaged in the                 1.    Declares that, by maintaining in force a tax applicable to
      provision of temporary labour which are established in other                  passengers embarking and disembarking in the ports of Genoa,
      Member States to maintain their registered office or a branch                 Naples and Trieste (Italy) when arriving from or travelling to
      office on Italian territory, and so lodge a guarantee of ITL                  ports in another Member State or a third country, but not in
      700 million with a credit institution having its registered office            the case of carriage between two ports located on Italian
      or a branch office on Italian territory, the Italian Republic has             territory, the Italian Republic has failed to fulfil its obligations
      failed to fulfil its obligations under Articles 49 EC and 56 EC.              under Article 1 of Council Regulation (EEC) No 4055/86 of
                                                                                    22 December 1986 applying the principle of freedom to
2.    Orders the Italian Republic to pay the costs.                                 provide services to maritime transport between Member States
                                                                                    and between Member States and third countries;
(1) OJ C 259 of 9.9.2000.
                                                                              2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 285 of 7.10.2000.
                  JUDGMENT OF THE COURT
                            (Third Chamber)
                            19 February 2002
                                                                                                 JUDGMENT OF THE COURT
in Case C-295/00: Commission of the European Communi-
                       ties v Italian Republic (1)
                                                                                                          (Fifth Chamber)
(Failure by a Member State to fulfil its obligations —
Infringement of Article 1 of Regulation (EEC) No 4055/86
— Disembarkation/embarkation tax payable by passengers                                                   27 February 2002
— Tax not applicable to passengers travelling between ports
                           on Italian territory)
                                                                              in Case C-302/00: Commission of the European Communi-
                                                                                                     ties v French Republic (1)
                             (2002/C 109/18)
                      (Language of the case: Italian)                         (Failure by a Member State to fulfil its obligations —
                                                                              Directives 95/59/EC and 92/79/EEC — Article 95 of the EC
                                                                              Treaty (now, after amendment, Article 90 EC) — Taxes
(Provisional translation; the definitive translation will be published
                                                                              affecting the consumption of manufactured tobaccos —
                     in the European Court Reports)
                                                                              Minimum reference price for all cigarettes of the same brand
                                                                              — Different rates of tax on dark-tobacco and light-tobacco
                                                                                                              cigarettes)
In Case C-295/00, Commission of the European Communities
(agents: E. Traversa and B. Mongin) v Italian Republic (agent:
U. Leanza, assisted by G. De Bellis): Application for a                                                   (2002/C 109/19)
declaration that, by maintaining in force a tax applicable to
passengers embarking and disembarking in the ports of Genoa,
Naples and Trieste (Italy) when arriving from or travelling to                                      (Language of the case: French)
ports in another Member State or a third country, but not in
the case of carriage between two ports located on Italian
territory, the Italian Republic has failed to fulfil its obligations          (Provisional translation; the definitive translation will be published
under Article 1 of Council Regulation (EEC) No 4055/86 of                                          in the European Court Reports)
22 December 1986 applying the principle of freedom to
provide services to maritime transport between Member States
and between Member States and third countries (OJ 1986
L 378, p. 1), the Court (Third Chamber), composed of:
F. Macken, President of the Chamber, C. Gulmann and                           In Case C-302/00, Commission of the European Communities
J.-P. Puissochet (Rapporteur), Judges; S. Alber, Advocate Gen-                (Agents: E. Traversa and C. Giolito) v French Republic (Agents:
eral; R. Grass, Registrar, has given a judgment on 19 February                G. de Bergues and S. Seam): for a declaration that by
2002, in which it:                                                            maintaining in force: