Opinion of Mr Advocate General Darmon

Mr President,

Members of the Court,

1. In this action the Commission asks the Court to declare that Italy 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.

2. Those provisions are the subject of a disagreement as to the interpretation of the concept of the nearest suitable rail unloading station to the point of unloading of the goods.

3. The Commission claims that there is nothing in the directive which prevents the unloading station from being situated in the territory of a nonmember country. It claims that, in implementing the directive, Italy introduced a restriction which was not provided for and which, the Commission argued at the hearing, was contrary to the objectives pursued by the Community legislature.

4. At first sight it is indeed tempting to accept the arguments of the Commission. It certainly cannot be disputed that its interpretation is consonant with the policy pursued by the Council in this sphere. By providing certain advantages for combined intra-Community transport, the Council has sought to encourage the use of rail transport and to reduce the length of the road journey to a minimum. It is therefore understandable that on that basis the Commission includes this case. It must, however, be questioned whether the Commission is entitled in law to do so.

5. Unlike the Commission, I take the view that Article 3 must be interpreted as imposing an obligation on the rail authorities inter alios. The words used — these details shall ...be confirmed by means of a stamp affixed by the rail authorities in the stations concerned (emphasis added) — are mandatory and thereby show that they contain an obligation which as such can only be imposed on the rail authorities of the Member States.

6. I therefore conclude that the Commission's application for a declaration that Italy has failed to fulfil its obligations under Council Directive 75/130 of 17 February 1975 should be dismissed and that the applicant should be ordered to pay the costs.

1 Translated from the French.

2 Official Journal 1975 L 48, p. 31.