C-263/8561985J02630017.00022459124602CJJUDGMENT OF 16. 5. 1991 — CASE C-263/85COMMISSION v ITALY<TI><P><HT TYPE="UC">Judgment of the Court</HT></P><P><DATE ISO="19910516">16 May 1991</DATE><NOTE NOTE.ID="E0001" NUMBERING="STAR"><P>Language of the case: Italian.</P></NOTE></P></TI>

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,

<TI><P>THE COURT,</P></TI>

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

(The grounds of the judgment are not reproduced.)

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.