Comisión de las Comunidades Europeas contra República Italiana.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Rodríguez Iglesias
• ECLI: ECLI:EU:C:1991:185
• Docket Number: C-45/89
• Date: 07 May 1991
• Procedure Type: Recurso por incumplimiento – fundado

Avis juridique important

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61989J0045

Judgment of the Court of 7 May 1991. - Commission of the European Communities v Italian Republic. - Failure to observe a directive - Combined road-rail carriage of goods. - Case C-45/89.

European Court reports 1991 Page I-02053

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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Carriage - Carriage by road - Combined road/rail carriage - Directive 75/130 - Single carriage operation - Exclusion of the final road phase of the carriage from the Community liberalization measures - Not permissible

(Directive 75/130, as amended by Directive 79/5, Art. 1(1) and (2))

Summary

Combined road/rail carriage, as envisaged by Directive 75/130, should be considered a single operation from the point of departure to the point of arrival. Consequently, in the case of non-accompanied carriage, that is to say when the rail journey is made without the tractor unit, the final journey stage by road between the rail station nearest to the point of unloading of the goods and that point cannot, even if it occurs within a single Member State, be regarded as purely national carriage and as falling outside the scope of the liberalization measures provided for by the Directive.

Parties

In Case C-45/89,

Commission of the European Communities, represented by Giuliano Marenco and Ingolf Pernice, Legal Advisers, both acting as Agents, with an address for service in Luxembourg at the office of Guido Berardis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

supported by

Kingdom of the Netherlands, represented by J.W. de Zwaan and M.A. Fierstra, Deputy Legal Advisers at the Ministry of Foreign Affairs, acting as Agents, with an address for service in Luxembourg at the Netherlands Embassy, 5 Rue C. M. Spoo,

intervener,

and

Italian Republic, represented by Luigi Ferrari Bravo, Head of Legal Affairs at the Ministry of Foreign Affairs, acting as Agent, assisted by Pier Giorgio Ferri, Avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 Rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that the Italian Republic has failed to fulfil its obligations under Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States (Official Journal L 48, p. 31) and, in particular, Article 2...