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Case C-110/05: Judgment of the Court (Grand Chamber) of 10 February 2009 — Commission of the European Communities v Italian Republic (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)
ECLI:EU:UNKNOWN:62005CA0110
62005CA0110
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4.4.2009
Official Journal of the European Union
C 82/2
(Case C-110/05) (<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 115, 14.5.2005.