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Document 62001CJ0131
Judgment of the Court (Sixth Chamber) of 13 February 2003. # Commission of the European Communities v Italian Republic. # Failure by a Member State to fulfil its obligations - Article 49 EC - Freedom to provide services - Patent agents - Duty to be enrolled on the register of patent agents of the host Member State - Obligation to have a residence or place of business in the host Member State. # Case C-131/01.
Sentenza tal-Qorti tal-Ġustizzja (is-Sitt Awla) tat-13 ta' Frar 2003.
il-Kummissjoni tal-Komunitajiet Ewropej vs ir-Repubblika Taljana.
Nuqqas ta' Stat li jwettaq obbligu - Artikolu 49 KE - Libertà li jiġu provduti servizzi.
Kawża C-131/01.
Sentenza tal-Qorti tal-Ġustizzja (is-Sitt Awla) tat-13 ta' Frar 2003.
il-Kummissjoni tal-Komunitajiet Ewropej vs ir-Repubblika Taljana.
Nuqqas ta' Stat li jwettaq obbligu - Artikolu 49 KE - Libertà li jiġu provduti servizzi.
Kawża C-131/01.
ECLI identifier: ECLI:EU:C:2003:96
«(Failure of a Member State to fulfil obligations – Article 49 EC – Freedom to provide services – Patent agents – Obligation to be enrolled on the register of patent agents of the host Member State – Obligation to have a residence or place of business in the host Member State)»
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(Art. 50 EC, third para.)
(Arts 49 EC to 55 EC)
JUDGMENT OF THE COURT (Sixth Chamber)
13 February 2003 (1)
((Failure by a Member State to fulfil its obligations – Article 49 EC – Freedom to provide services – Patent agents – Duty to be enrolled on the register of patent agents of the host Member State – Obligation to have a residence or place of business in the host Member State))
In Case C-131/01, Commission of the European Communities, represented by B. Mongin and R. Amorosi, acting as Agents, with an address for service in Luxembourg,applicant,
v
Italian Republic, represented by U. Leanza, acting as Agent, and by O. Fiumara, avvocato dello Stato, with an address for service in Luxembourg,defendant,
APPLICATION for a declaration that, by retaining rules requiring patent agents established in other Member States to be enrolled on the Italian register of patent agents and to have a residence or place of business in Italy, in order to provide services before the Italian Patent Office, the Italian Republic has failed to fulfil its obligations under Articles 49 EC to 55 EC concerning the freedom to provide services,THE COURT (Sixth Chamber),,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 12 September 2002,
gives the following
On those grounds,
THE COURT (Sixth Chamber)
hereby:
Puissochet |
Schintgen |
Gulmann |
Macken |
Cunha Rodrigues |
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R. Grass |
J.-P. Puissochet |
Registrar |
President of the Sixth Chamber |