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Commission v. Italy

Case C-184/85, 1987 E.C.R. 2013 (1987)

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Commission v. Italy

European Union High Court of Justice
Case C-184/85, 1987 E.C.R. 2013 (1987)

Facts

The European Commission (the commission) (plaintiff) brought an action against Italy (defendant), alleging that the Italian tax on bananas violated the prohibition on tax discrimination by European Union (EU) member states. Specifically, the commission claimed that the tax discriminated against member states that imported bananas into Italy in favor of the table fruit typically produced domestically in Italy, including apples, pears, peaches, and similar fruit. The commission conceded that the sensory properties and the water content of table fruit, on the one hand, and bananas, on the other hand, were different. The commission also did not challenge Italy’s contention that, in the Italian market, bananas were considered to be particularly nutritious, have a high energy content, and suitable for infants.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

European Union Law

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