Commission v Italy judgment of 10 February 2009 [2009] Case C-110/05

• Commission argued that by maintaining rules which prohibit mopeds, motorcycles, tricycles and quadricycles ('motoveicoli', hereinafter 'motorcycles') from towing a trailer, the Italian Republic has failed to fulfil its obligations under Article 28 EC.

• ECJ accepted that this law could have the equivalent effect of a quantitative restriction, but that it was justified because it had the legitimate aim of road safety, and the ban was appropriate and necessary to attain the legitimate objective being pursued.

  • The burden of proof cannot be so extensive as to require the Member State to prove, positively, that no other conceivable measure could enable that objective to be attained under the same conditions.

ECJ

Article 28 EC reflects the obligation to respect the principles of non-discrimination and of mutual recognition of products lawfully manufactured and marketed in other Member States, as well as the principle of ensuring free access of Community products to national markets…measures adopted by a Member State the object or effect of which is to treat products coming from other Member States less favourably are to be regarded as measures having equivalent effect to quantitative restrictions on imports within the meaning of Article 28 EC