Judgment of the Court (Fifth Chamber) of 27 November 2003. Enirisorse SpA v Ministero delle Finanze. Reference for a preliminary ruling: Corte suprema di Cassazione - Italy. Public undertakings - Transfer to public undertakings of a proportion of port charges paid to the State - Competition - Abuse of a dominant position - State aid - Charge having equivalent effect - Internal taxation - Free movement of goods. Joined cases C-34/01 to C-38/01.

«(Public undertakings – Transfer to public undertakings of a proportion of port charges paid to the State – Competition – Abuse of a dominant position – State aid – Charge having equivalent effect – Internal taxation – Free movement of goods)»

JUDGMENT OF THE COURT (Fifth Chamber)27 November 2003 (1)

((Public undertakings – Transfer to public undertakings of a proportion of port charges paid to the State – Competition – Abuse of a dominant position – State aid – Charge having equivalent effect – Internal taxation – Free movement of goods))

In Joined Cases C-34/01 to C-38/01,

and

THE COURT (Fifth Chamber),,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Enirisorse SpA, represented by L. Malvezzi Campeggi, avvocato, of the Italian Government, represented by G. Aiello, and of the Commission, represented by V. Di Bucci and L. Pignataro-Nolin, at the hearing on 5 March 2002,

after hearing the Opinion of the Advocate General at the sitting on 7 November 2002,

gives the following

On those grounds,

THE COURT (Fifth Chamber),

Jann

Timmermans

Rosas

Edward

von Bahr

R. Grass

V. Skouris

Registrar

President