Luxembourg, 19/03/2002 (Agence Europe) - The Court of Justice has declared unlawful provisions of the Italian highway code which discriminate on grounds of nationality, it explains in a press release, stating 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 Italians and vice versa".
Italy's "new 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 amount of 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 immediately confiscation of his driving licence or the impounding of his car as a precautionary measure".
In the press release, 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", notes the Court.
"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 mount equal to the minimum fine, which could be confiscated on the expiry of the time-limit for lodging an appeal" concluded the Court.