CELEX: 62005CA0110
Language: en
Date: 2009-02-10 00:00:00
Title: Case C-110/05: Judgment of the Court (Grand Chamber) of 10 February 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Article 28 EC — Concept of measures having equivalent effect to quantitative restrictions on imports — Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State — Road safety — Market access — Obstacle — Proportionality)

4.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/2
            
         Judgment of the Court (Grand Chamber) of 10 February 2009 — Commission of the European Communities v Italian Republic
   (Case C-110/05) (1)
   
   (Failure of a Member State to fulfil obligations - Article 28 EC - Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ - Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State - Road safety - Market access - Obstacle - Proportionality)
   (2009/C 82/02)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: D. Recchia and F. Amato, Agents,)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, assisted by M. Fiorilli, avvocato dello Stato)
   Re:
   Failure of a Member State to fulfil its obligations — Breach of Article 28 EC — National legislation prohibiting motor vehicles (with the exception of tractors) from pulling trailers
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 115, 14.5.2005.