Criminal proceedings against Matteo Peralta. (Preliminary rulings) [1994] EUECJ C-379/92 (14 July 1994)

Criminal proceedings against Matteo Peralta. (Preliminary rulings) [1994] EUECJ C-379/92 (14 July 1994)

Articles 3(f), 7, 30, 48, 52, 59, 62, 84 and 130r of the EEC Treaty and Regulation No 4055/86 do not preclude national legislation prohibiting discharge of harmful chemical substances into territorial and internal waters by all vessels, or imposing such prohibition on the high seas only for vessels flying the national flag, nor do they preclude penalizing national masters by suspending their professional qualification.

Citation
[1994] EUECJ C-379/92
Parties
Defendant: Matteo Peralta; Prosecution: Italian authorities
Jurisdiction
European Union
Judgment Date
14 July 1994
Procedural Posture
Criminal / Preliminary Ruling
Outcome
preliminary reference answered; national legislation upheld
Legal Topics
Marine Pollution, Discharge of Harmful Substances, Freedom to Provide Services, Non Discrimination, Competition Law, Free Movement of Goods, Freedom of Establishment, Environmental Protection
European Union Law Environmental Law Criminal Law Transport Law Marine Pollution Discharge of Harmful Substances Freedom to Provide Services Non Discrimination +4 more

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Parties

Matteo Peralta

Defendant

Italian authorities

Prosecution

Procedural Posture

Criminal / Preliminary Ruling

Legal Issues

  1. 1 Whether Italian legislation prohibiting discharge of harmful substances by national vessels outside territorial waters is precluded by EEC Treaty and Regulation No 4055/86
  2. 2 Whether criminal penalties and professional sanctions imposed on Italian nationals are discriminatory or disproportionate under EU law
  3. 3 Whether national environmental protection measures conflict with EU principles and international conventions

Ratio Decidendi

Articles 3(f), 7, 30, 48, 52, 59, 62, 84 and 130r of the EEC Treaty and Regulation No 4055/86 do not preclude national legislation prohibiting discharge of harmful chemical substances into territorial and internal waters by all vessels, or imposing such prohibition on the high seas only for vessels flying the national flag, nor do they preclude penalizing national masters by suspending their professional qualification.

Court Disposition

preliminary reference answered; national legislation upheld

Orders

  • Articles 3(f), 7, 30, 48, 52, 59, 62, 84 and 130r of the EEC Treaty and Regulation No 4055/86 do not preclude the contested Italian legislation.
  • Decision on costs is a matter for the national court.