Corsica Ferries Italia Srl contra Corpo dei piloti del porto di Genova.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Schockweiler
• ECLI: ECLI:EU:C:1994:195
• Docket Number: C-18/93
• Date: 17 May 1994
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

|

61993J0018

Judgment of the Court of 17 May 1994. - Corsica Ferries Italia Srl v Corpo dei Piloti del Porto di Genova. - Reference for a preliminary ruling: Tribunale di Genova - Italy. - Compulsory piloting service - Discriminatory tariffs - Freedom to provide services - Competition. - Case C-18/93.

European Court reports 1994 Page I-01783
Swedish special edition Page I-00113
Finnish special edition Page I-00147

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

++++

1. Preliminary rulings ° Reference to the Court ° Need for an inter partes hearing ° Assessment by the national court

(EEC Treaty, Art. 177)

2. Preliminary rulings ° Jurisdiction of the Court ° Limits ° Question irrelevant and not objectively required for the main proceedings

(EEC Treaty, Art. 177)

3. Transport ° Maritime transport ° Freedom to provide services ° Principle of non-discrimination ° Application to piloting services in ports of preferential tariffs for vessels authorized to engage in national maritime cabotage ° Not permissible

(Council Regulation No 4055/86, Art. 1)

4. Competition ° Public undertakings and undertakings to which Member States grant special or exclusive rights ° Monopoly of providing piloting services in a port ° Approval of the tariffs by a national authority ° Discrimination as regards tariffs in favour of undertakings operating transport services between two national ports as opposed to those providing a service to a port in another Member State ° Abuse of a dominant position

(EEC Treaty, Art. 86 and Art 90(1))

Summary

1. Article 177 of the Treaty does not make the reference to the Court subject to there having been an inter partes hearing in the proceedings in the course of which the national court refers a question for a preliminary ruling, although it may be in the interests of the proper administration of justice for the preliminary question not to be referred until after an inter partes hearing.

2. In the context of the procedure provided for in Article 177 of the Treaty, the Court has no jurisdiction to rule on questions submitted to it by a national court if those questions bear no relation to the facts or the subject-matter of the main action and hence are not objectively required in order to settle the dispute in that action.

3. Article 1(1) of Regulation No 4055/86 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries precludes the application in a Member State of different tariffs for identical piloting services, depending on whether or not the vessel operated by an undertaking established in a Member State for providing maritime transport services between two Member States is authorized to engage in maritime cabotage, which is reserved to vessels flying the flag of that State. Such a practice constitutes discrimination, albeit only indirectly, on the ground of nationality, since vessels flying the national flag are generally operated by national economic operators, whereas transport undertakings from other Member States as a rule do not operate vessels registered in that State.

4. Although the mere fact of creating a dominant position by granting exclusive rights within the meaning of Article 90(1) of the Treaty is not in itself incompatible with Article 86 of the Treaty, those two provisions prohibit a national authority from inducing, by approving its tariffs, an undertaking which has been granted the exclusive right of providing compulsory piloting services in a substantial part of the common market to apply different tariffs to maritime transport undertakings, depending on whether they operate transport services between Member States or between ports situated on national territory, where such discrimination is liable to affect trade between Member States.

Parties

In Case C-18/93,

REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale di Genova (District Court, Genoa), Italy, for a preliminary ruling in the proceedings pending before that court between

Corsica Ferries Italia SRL

and

Corpo dei Piloti del Porto di Genova

on the interpretation of Articles 5, 7, 30, 59, 85, 86 and 90 of the EEC Treaty,

THE COURT,

composed of: O. Due, President, G.F. Mancini, J.C. Moitinho de Almeida, M. Díez de Velasco and D.A.O. Edward (Presidents of Chambers), C.N. Kakouris, R. Joliet, F.A. Schockweiler (Rapporteur), G.C. Rodríguez Iglesias, F. Grévisse, M. Zuleeg, P.J.G. Kapteyn and J.L. Murray, Judges,

Advocate General: W. Van Gerven,

Registrar: H.A. Ruehl, Principal Administrator,

after considering the written observations submitted on behalf of:

- Corsica Ferries Italia SRL, by G. Conte and G. Giacomini, of the Genoa Bar,

- Corpo dei Piloti del Porto di Genova, by L. Acquarone and S. Carbone, of the Genoa Bar, A. Pappalardo, of the Trapani Bar, and A. Tizzano, of the Naples Bar,

- the Government of the French Republic, by P. Pouzoulet, Sous-directeur in the Directorate of Legal Affairs of the Ministry of Foreign Affairs, assisted by H. Renie, Secrétaire-adjoint Principal for Foreign Affairs in that Ministry, acting as Agents,

- the Government of the Italian Republic, by L. Ferrari Bravo, Head of the Department for Legal Affairs in the Ministry of Foreign Affairs, acting as Agent, assisted by I.M. Braguglia, Avvocato dello Stato,

- the Commission of the European Communities, by E. Traversa and V. Di Bucci, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Corsica Ferries Italia SRL, Corpo dei Piloti del Porto di Genova, the Italian Government, the French Government and the Commission at the hearing on 14 December 1993,

after hearing the Opinion of the Advocate General at the sitting on 9 February 1994,

gives the following

Judgment

Grounds

1 By order of 14 December 1992, which was received at the Court on 19 January 1993, the Tribunale di Genova (District Court, Genoa) referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty five questions on the interpretation of Articles 5, 7, 30, 59, 85, 86 and 90 of the Treaty.

2 Those questions arose in proceedings between Corsica Ferries Italia SRL (hereinafter "Corsica Ferries") and Corpo dei Piloti del Porto di Genova (Corporation of Pilots of the Port of Genoa, hereinafter "the corporation") on the repayment to Corsica Ferries of part of the tariffs paid by it for piloting services in the port of Genoa.

3 Piloting services in Italian seaports, governed by the Navigation Code and the implementing regulation, are...