Commission of the European Communities v Italian Republic.

• Jurisdiction: European Union
• Celex Number: 62001CJ0388
• ECLI: ECLI:EU:C:2003:30
• Date: 16 January 2003
• Docket Number: C-388/01
• Writing for the Court: Cunha Rodrigues
• Court: Court of Justice (European Union)
• Procedure Type: Recurso por incumplimiento – fundado

Case C-388/01


Commission of the European Communities
v
Italian Republic

«(Failure of a Member State to fulfil obligations – Freedom to provide services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Preferential rates granted by local or decentralised State authorities)»

Opinion of Advocate General Stix-Hackl delivered on 10 October 2002

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Judgment of the Court (Sixth Chamber), 16 January 2003

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Summary of the Judgment

Community law – Principles – Equal treatment – Discrimination on grounds of nationality – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Advantageous rates granted by local or decentralised State authorities only in favour of nationals and persons resident within the territory of those authorities who are aged over 60 or 65 years – Not permissible – Whether justifiable – No justification

(Arts 12 and 49 EC)By allowing advantageous rates for admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments, granted by local or decentralised State authorities only in favour of nationals and persons resident within the territory of those authorities running the cultural sites in question who are aged over 60 or 65 years, and by excluding from such advantages tourists who are nationals of other Member States and non-residents who fulfil the same objective age requirements, a Member States fails to fulfil its obligations under Articles 12 EC and 49 EC.Such rules are prohibited by the above provisions and cannot be justified either by economic considerations relating to the costs involved in running cultural sites or on grounds of cohesion of the tax system, since there is no direct link between any taxation and the application of preferential rates for admission to the sites concerned.see paras 12, 19-25, 28, operative part

JUDGMENT OF THE COURT (Sixth Chamber)
16 January 2003 (1)

((Failure to fulfil obligations – Free movement of services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments – Preferential rates granted by local or decentralised State authorities))

In Case C-388/01, Commission of the European Communities, represented by M. Patakia 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 M. Fiorilli, avvocato dello Stato, with an address for service in Luxembourg,

defendant,

APPLICATION for a declaration that, by allowing discriminatory, advantageous rates for admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments, granted by local or decentralised State authorities only in favour of Italian nationals and persons resident within the territory of those authorities running the cultural sites in question, who are aged over 60 or 65 years, and by excluding from such advantages tourists who are nationals of other Member States and non-residents who fulfil the same objective age requirements, the Italian Republic has failed to fulfil its obligations under Articles 12 EC and 49 EC,

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen, V. Skouris, N. Colneric and J.N. Cunha Rodrigues (Rapporteur), Judges, Advocate General: C. Stix-Hackl,
Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 10 October 2002,

gives the following

Judgment

1

By application lodged at the Court Registry on 8 October 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by allowing discriminatory, advantageous rates for admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as public monuments, granted by local or decentralised State authorities only in favour of Italian nationals and persons resident within the territory of those authorities running the cultural sites in question, who are aged over 60 or 65 years, and by excluding from such advantages tourists who are nationals of other Member States and non-residents who fulfil the same objective age requirements, the Italian Republic has failed to fulfil its obligations under Articles 12 EC and 49 EC.

National legislation

2

Article 1(1) of Decree No 507 of the Ministry of Cultural Assets and Natural Sites of 11 December 1997, entitled Regulation introducing the ticket for admission to monuments, museums, galleries, archaeological digs, parks and gardens classified as national monuments (GURI No 35 of 12 February...