C-264/99
ECLI:EU:C:2000:97
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OPINION OF MR ALBER — CASE C-264/99
O P I N I O N OF ADVOCATE GENERAL ALBER delivered on 22 February 2000 *
1. By this action for a declaration of failure ple of the free movement of services. It to fulfil obligations, the Commission of the impedes an economic operator established European Communities requests that the in a Member State other than Italy from Court should: carrying on his activities in Italy.
(1) declare that, by maintaining rules requiring that Community nationals 3. The last paragraph of Article 6 of the who carry on haulage activities as Law requires that companies represented service providers be entered on a spe- by foreign nationals produce an authorisa- cial register kept by the Chamber of tion from the Ministry of the Interior. That Commerce following authorisation by requirement is incompatible with the prin- the Ministry of the Interior, the Italian ciple of freedom of establishment and Republic has failed to fulfil its obliga- infringes the principle of non-discrimina- tions under Articles 12, 43 and 49 EC tion. (ex Articles 6, 52 and 59 of the EC Treaty);
4. The Italian Government did not actually (2) order the Italian Republic to pay the dispute the cause of action in its defence. It costs. announced a statutory amendment to Arti- cle 4 of the Law. As regards Article 6, it stated that the contested provision would be repealed and not replaced. 2. The Commission relies on two provi- sions of Law No 1442 of 14 November 1941 1as they applied at the time of the pre-litigation procedure. Article 4(1) of that Law requires any haulier established in another Member State who wishes to 5. It is common ground that at the point in carry on business in Italy to register on a time which is decisive in the context of special register kept by the Chamber of actions for failure to fulfil obligations, Industry and Commerce. That requirement namely the end of the period laid down in to register is incompatible with the princi- the reasoned opinion, 2the cause of action still pertained. It is therefore appropriate to
* Original language: German. 1 — Gazzetta Ufficiale della Repubblica Italiana No 6 of 2 — The reasoned opinion of 18 May 1998 lays down a period 9 January 1942. of two months.
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COMMISSION V ITALY
find against the Italian Republic and grant laid down in Article 69(2) of the Rules of the application. The cost consequences are Procedure.
Conclusion
6. I propose that the Court:
(1) declare that, by maintaining rules requiring that Community nationals who carry on haulage activities as service providers be entered on a special register kept by the Chamber of Commerce following authorisation by the Ministry of the Interior, the Italian Republic has failed to fulfil its obligations under A r t i c l e s12, 43 and 49 EC (ex Articles 6, 52 and 59 of the EC Treaty);
(2) order the Italian Republic to pay the costs.
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