4.4.2009
EN
Official Journal of the European Union
C 82/2
Judgment of the Court (Grand Chamber) of 10 February 2009 — Commission of the European Communities v Italian Republic
(Case C-110/05) (1)
(Failure of a Member State to fulfil obligations - Article 28 EC - Concept of ‘measures having equivalent effect to quantitative restrictions on imports’ - Prohibition on mopeds, motorcycles, motor tricycles and quadricycles towing a trailer in the territory of a Member State - Road safety - Market access - Obstacle - Proportionality)
(2009/C 82/02)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: D. Recchia and F. Amato, Agents,)
Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, assisted by M. Fiorilli, avvocato dello Stato)
Re:
Failure of a Member State to fulfil its obligations — Breach of Article 28 EC — National legislation prohibiting motor vehicles (with the exception of tractors) from pulling trailers
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders the Commission of the European Communities to pay the costs.
(1) OJ C 115, 14.5.2005.
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