Judgment of the Court of 16 May 1991.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil its obligations - Measure having equivalent effect - Aid for the purchase of motor vehicles of domestic manufacture.#Case C-263/85.

Parties

In Case C-263/85,

Commission of the European Communities, represented by Gianluigi Campogrande, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Guido Berardis, a member of its Legal Department, Centre Wagner, Kirchberg,

applicant,

v

Italian Republic, represented by Luigi Ferrari Bravo, Head of the Legal Department at the Ministry for Foreign Affairs, acting as Agent, assisted by Pier Giorgio Ferri, Avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5-7, Rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that, by requiring public bodies to purchase vehicles of domestic manufacture in order to qualify for the aid provided for by Law No 151 of 10 April 1981, the Italian Republic has failed to fulfil its obligations under Article 30 of the EEC Treaty,

THE COURT,

composed of: O. Due, President, G. F. Mancini, T. F. O' Higgins and G. C. Rodríguez Iglesias (Presidents of Chambers), Sir Gordon Slynn, C. N. Kakouris, R. Joliet, F. A. Schockweiler and P. J. G. Kapteyn, Judges,

(The grounds of the judgment are not reproduced.)

Operative part

hereby:

1. Declares that, by requiring public bodies to purchase vehicles of domestic manufacture in order to qualify for the aid provided for by Law No 151 of 10 April 1991, the Italian Republic has failed to fulfil its obligations under Article 30 of the EEC Treaty;

2. Orders the Italian Republic to pay the costs.