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Document 62001CJ0034
Judgment of the Court (Fifth Chamber) of 27 November 2003. # Enirisorse SpA v Ministero delle Finanze. # Reference for a preliminary ruling: Corte suprema di Cassazione - Italy. # Public undertakings - Transfer to public undertakings of a proportion of port charges paid to the State - Competition - Abuse of a dominant position - State aid - Charge having equivalent effect - Internal taxation - Free movement of goods. # Joined cases C-34/01 to C-38/01.
Judgment of the Court (Fifth Chamber) of 27 November 2003.
Enirisorse SpA v Ministero delle Finanze.
Reference for a preliminary ruling: Corte suprema di Cassazione - Italy.
Public undertakings - Transfer to public undertakings of a proportion of port charges paid to the State - Competition - Abuse of a dominant position - State aid - Charge having equivalent effect - Internal taxation - Free movement of goods.
Joined cases C-34/01 to C-38/01.
Judgment of the Court (Fifth Chamber) of 27 November 2003.
Enirisorse SpA v Ministero delle Finanze.
Reference for a preliminary ruling: Corte suprema di Cassazione - Italy.
Public undertakings - Transfer to public undertakings of a proportion of port charges paid to the State - Competition - Abuse of a dominant position - State aid - Charge having equivalent effect - Internal taxation - Free movement of goods.
Joined cases C-34/01 to C-38/01.
Izvješća Suda EU-a 2003 I-14243
ECLI identifier: ECLI:EU:C:2003:640
** AFFAIRE 35/2001 **
*A9* Corte di Cassazione, Sezione tributaria, ordinanza del 15/01/2001 (19/01)
** AFFAIRE 36/2001 **
*A9* Corte di Cassazione, Sezione tributaria, ordinanza del 12/07/2000 15/01/2001 (20/01)
** AFFAIRE 37/2001 **
*A9* Corte di Cassazione, Sezione tributaria, ordinanza del 12/07/2000 15/01/2001 (21/01)
** AFFAIRE 38/2001 **
*A9* Corte di Cassazione, Sezione tributaria, ordinanza del 12/07/2000 15/01/2001 (22/01)
*A9* Corte di Cassazione, Sezione tributaria, ordinanza del 12/07/2000 12/12/2000 (1159/00)
«(Public undertakings – Transfer to public undertakings of a proportion of port charges paid to the State – Competition – Abuse of a dominant position – State aid – Charge having equivalent effect – Internal taxation – Free movement of goods)»
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(EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))
(EC Treaty, Art. 93(3) (now Art. 88(3) EC))
(EC Treaty, Arts 12, 30 and 95 (now, after amendment, Arts 25, 28 and 90 EC))
(EC Treaty, Arts 12, 30 and 95 (now, after amendment, Arts 25, 28 and 90 EC))
JUDGMENT OF THE COURT (Fifth Chamber)
27 November 2003 (1)
((Public undertakings – Transfer to public undertakings of a proportion of port charges paid to the State – Competition – Abuse of a dominant position – State aid – Charge having equivalent effect – Internal taxation – Free movement of goods))
In Joined Cases C-34/01 to C-38/01,
REFERENCE to the Court under Article 234 EC by the Corte Suprema di Cassazione (Italy) for a preliminary ruling in the proceedings pending before that court between Enirisorse SpAand
Ministero delle Finanze, on the interpretation of Article 12 of the EC Treaty (now, after amendment, Article 25 EC), Article 13 of the EC Treaty (repealed by the Treaty of Amsterdam), Article 30 of the EC Treaty (now, after amendment, Article 28 EC), Articles 86 and 90 of the EC Treaty (now Articles 82 EC and 86 EC), Article 92 of the EC Treaty (now, after amendment, Article 87 EC), Article 93 of the EC Treaty (now Article 88 EC) and Article 95 of the EC Treaty (now, after amendment, Article 90 EC),THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Enirisorse SpA, represented by L. Malvezzi Campeggi, avvocato, of the Italian Government, represented by G. Aiello, and of the Commission, represented by V. Di Bucci and L. Pignataro-Nolin, at the hearing on 5 March 2002,
after hearing the Opinion of the Advocate General at the sitting on 7 November 2002,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
in answer to the questions referred to it by the Corte Suprema di Cassazione by orders of 12 July 2000, hereby rules:
Jann |
Timmermans |
Rosas |
Edward |
von Bahr |
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R. Grass |
V. Skouris |
Registrar |
President |