Source: All England Reporter
Publisher Citation: [2002] All ER (D) 270 (Mar)
Court: Court of Justice of the European Communities (Sixth Chamber)
Judge:

Judges Macken (President), Colneric, Schintgen, Skouris (Rapporteur) and Cunha Rodrigues

Judgment Dates: 19 March 2002

Catchwords

European Community - Discrimination - Discrimination on grounds of nationality - Failure of a member state to fulfil obligations - Italy - Highway code - Provision of highway code imposing different requirements on those driving non-Italian registered vehicles in respect of pecuniary motoring penalties - Whether provision amounting to discrimination on grounds of nationality - Whether provision proportionate - Article 12 EC (formerly EC Treaty, art 6).

The Case

A provision of Italian law that provided those driving non-Italian registered vehicles pay a motoring fine immediately or provide double that amount as a security was disproportionate to the objective at which it was aimed, namely to ensure the payment of pecuniary penalties by non-Italian nationals, since the fact that the level of security was set at twice the level would encourage non-Italian nationals to pay the fine immediately which had the effect of waiving their right to an appeal. That result meant that Italy had failed to fulfil its obligations under art12 EC (formerly EC Treaty, art6).

Practice Areas

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