The Commission brought an action against Italy on the ground that certain provisions of the new Italian highway code involve discriminatory treatment based on the place of registration of the vehicle.

The highway code provides that, in the case of a breach punishable by a fine, the driver may, within 60 days, make a reduced payment of an amount equal to the minimum fine or bring an appeal before the prefect. However, if the vehicle is registered in another Member State, the offender may immediately pay the minimum fine or give a guarantee there and then (in the form of a security or a surety document) corresponding to twice the minimum fine, in order to avoid the immediate confiscation of his driving licence or the impounding of his car as a precautionary measure.

The Court of Justice, in its judgment today, bases its decision on the general principle of equality, which prohibits all discrimination - overt or covert - on grounds of nationality.

First, the Court states that the difference in treatment based on the place of registration of the vehicle amounts to a difference in treatment between Italian nationals and those of other Member States, since the majority of drivers whose vehicles are registered in another Member State are not Italian nationals and vice versa.

That difference in treatment is such that the highway code in fact leads to the same result as discrimination based on nationality.

Italy has sought to justify its legislation, however, by arguing that the absence of a mechanism to ensure the payment of fines in Member States other than Italy justifies the difference in treatment.

The Court acknowledges the merits of a system for the provision of security, but considers that the amount fixed by the highway code is disproportionate.

The security amounts to twice the minimum amount fixed in the case of immediate payment and has the effect of encouraging offenders to pay the fine immediately and to waive their legal right to a period of time in which to decide whether to contest the alleged infringement before the prefect.

The Court considers that Italy could have ensured the payment of fines by offenders from other Member States just as effectively if it had provided for the lodging of security in an amount equal to the minimum fine, which could be confiscated on the expiry of the time-limit for lodging an appeal.

    

Unofficial document for media use only; not binding on the Court of Justice. Available in Italian, French, German, English, Spanish, Dutch. For the full text of the judgment, please consult our Internet page www.curia.eu.int  at approximately 3pm today. For further information please contact Fionnuala Connolly: Tel: (00 352) 4303 3355; Fax: (00 352) 4303 2731 Pictures of the hearing are available on "Europe by Satellite" European Commission, Press and Information Service, L-2920 Luxembourg Tel: (00 352) 4301 35177; Fax: (00 352) 4301 35249, or B-1049 Brussels, Tel: (00 32) 2 2964106, Fax: (00 32) 2 2965956, or (00 32) 2 301280