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Document 62005CA0110
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)
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)
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)
IO C 82, 4.4.2009, p. 2–2
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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1. |
Dismisses the action; |
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2. |
Orders the Commission of the European Communities to pay the costs. |