Report for the Hearing in Case C-45/89

I — Facts

A — Legal Background

(a) Community Law

1. On the basis of Article 75 of the EEC Treaty, the Council adopted on 17 February 1975 Directive 75/130/EEC on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States (Official Journal L 48, p. 31). The second recital of the Directive explains the reasons for its adoption as follows:

(b) National Legislation

2. Article 7 of a Decree adopted by the Italian Government on 4 July 1985 (GURI No 197 of 22.8.1985) fixed the 1985 quota for special permits for tractor units to be used solely ţo transport trailers and semitrailers used in combined international carriage.

B — Background to the Proceedings

3. The Commission received a complaint from the Milan office of the German firm Emons, which had written to it drawing attention to the fact that the Italian authorities refused to issue any new carriage permits to their firm for tractors used in combined carnage. The Commission asked the Italian authorities, by letter of 2 June 1986, to indicate which provisions were in force in Italy relating to die implementation of Directive 75/130/EEC.

4. The Commission considered that the Italian legislation on combined carriage was in direct conflict with the Community rules and consequently instituted the procedure under Article 169 of the EEC Treaty. By letter of 25 May 1987, it brought the obligations both under Article 5 and under Directive 75/130/EEC to the attention of the Italian authorities. As no reply to this letter was received, the Commission delivered a reasoned opinion on 4 July 1988.

II — Written Procedure and forms of order sought by the parties

5. The Commission's application was registered at the Court on 20 February 1989.

6. The Italian Republic contends that the Court should:

HI — Pleas in law and submissions of the parties

7. The Commission, supported by the Netherlands Government, considers that the Italian Republic has failed to fulfil its obligations under Directive 75/130/EEC and in particular under Article 2 thereof.

8. The Italian Republic states, in its rejoinder, that it fully accepts that, according to Directive 75/130, combined carriage includes not only cases where the tractor unit is carried by rail, but also where the carriage by rail only relates to the transport unit without the tractor unit.

1 Language of the case: Italian.