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61986J0063 European Court reports 1988 Page 00029 5 OF THE LATTER STATE. ACCORDINGLY, ANY RESTRICTION PLACED NOT ONLY ON THE RIGHT OF ACCESS TO HOUSING BUT ALSO ON THE VARIOUS FACILITIES GRANTED TO THOSE NATIONALS IN ORDER TO ALLEVIATE THE FINANCIAL BURDEN MUST BE REGARDED AS AN OBSTACLE TO THE PURSUIT OF THE OCCUPATION ITSELF. 17 THAT BEING SO, HOUSING LEGISLATION, EVEN WHERE IT CONCERNS SOCIAL HOUSING, MUST BE REGARDED AS PART OF THE LEGISLATION THAT IS SUBJECT TO THE PRINCIPLE OF NATIONAL TREATMENT WHICH RESULTS FROM THE PROVISIONS OF THE TREATY CONCERNING ACTIVITIES AS SELF-EMPLOYED PERSONS . 18 IT IS TRUE, AS THE ITALIAN GOVERNMENT HAS CONTENDED, THAT IN PRACTICE NOT ALL INSTANCES OF ESTABLISHMENT GIVE RISE TO THE SAME NEED TO FIND PERMANENT HOUSING AND THAT AS A RULE THAT NEED IS NOT FELT IN THE CASE OF THE PROVISION OF SERVICES. IT IS ALSO TRUE THAT IN MOST CASES THE PROVIDER OF SERVICES WILL NOT SATISFY THE CONDITIONS, OF A NON-DISCRIMINATORY NATURE, BOUND UP WITH THE OBJECTIVES OF THE LEGISLATION ON SOCIAL HOUSING. 19 HOWEVER, IT CANNOT BE HELD TO BE A PRIORI OUT OF THE QUESTION THAT A PERSON, WHILST RETAINING HIS PRINCIPAL PLACE OF ESTABLISHMENT IN ONE MEMBER STATE, MAY BE LED TO PURSUE HIS OCCUPATIONAL ACTIVITIES IN ANOTHER MEMBER STATE FOR SUCH AN EXTENDED PERIOD THAT HE NEEDS TO HAVE PERMANENT HOUSING THERE AND THAT HE MAY SATISFY THE CONDITIONS OF A NON-DISCRIMINATORY NATURE FOR ACCESS TO SOCIAL HOUSING. IT FOLLOWS THAT NO DISTINCTION CAN BE DRAWN BETWEEN DIFFERENT FORMS OF ESTABLISHMENT AND THAT PROVIDERS OF SERVICES CANNOT BE EXCLUDED FROM THE BENEFIT OF THE FUNDAMENTAL PRINCIPLE OF NATIONAL TREATMENT. 20 IT MUST THEREFORE BE HELD THAT, BY PERMITTING, UNDER VARIOUS PROVISIONS OF ITS LEGISLATION, ONLY ITALIAN NATIONALS TO PURCHASE OR LEASE HOUSING BUILT OR RENOVATED WITH THE HELP OF PUBLIC FUNDS AND TO OBTAIN REDUCED-RATE MORTGAGE LOANS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 52 AND 59 OF THE EEC TREATY. COSTS 21 UNDER ARTICLE 69 (2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS ASKED FOR IN THE SUCCESSFUL PARTY' S PLEADING. ACCORDING TO ARTICLE 69 (4 ) A PARTY WHO DISCONTINUES OR WITHDRAWS FROM PROCEEDINGS IS TO BE ORDERED TO PAY THE COSTS UNLESS THE DISCONTINUANCE OR WITHDRAWAL IS JUSTIFIED BY THE CONDUCT OF THE OTHER PARTY. 22 AT THE HEARING THE COMMISSION ABANDONED ONE OF THE HEADS OF CLAIM IN ITS APPLICATION BECAUSE THE ITALIAN REPUBLIC HAD COMPLIED WITH ITS OBLIGATIONS IN THAT RESPECT AFTER THE INSTITUTION OF THE PROCEEDINGS. 23 IT FOLLOWS THAT THE PARTIAL WITHDRAWAL BY THE COMMISSION IS JUSTIFIED BY THE CONDUCT OF THE ITALIAN REPUBLIC WHICH MOREOVER HAS BEEN UNSUCCESSFUL SO FAR AS THE REMAINDER OF THE ACTION IS CONCERNED. 24 THE ITALIAN REPUBLIC MUST THEREFORE BE ORDERED TO PAY THE COSTS. ON THOSE GROUNDS, THE COURT © An extract from a JUSTIS database 156
61986J0063 European Court reports 1988 Page 00029 6 HEREBY : (1 ) DECLARES THAT BY PERMITTING, UNDER VARIOUS PROVISIONS OF ITS LEGISLATION, ONLY ITALIAN NATIONALS TO PURCHASE OR LEASE HOUSING BUILT OR RENOVATED WITH THE HELP OF PUBLIC FUNDS AND TO OBTAIN REDUCED-RATE MORTGAGE LOANS THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 52 AND 59 OF THE EEC TREATY. (2 ) ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS. DOCNUM 61986J0063 AUTHOR Court of Justice of the European Communities FORM Judgment TREATY European Economic Community TYPDOC 6 ; CJUS ; cases ; 1986 ; J ; judgment PUBREF European Court reports 1988 Page 00029 DOC 1988/01/14 LODGED 1986/03/06 JURCIT 11957E007 : N 12 11957E048 : N 1 7 11957E052 : N 1 9 - 13 20 11957E059 : N 1 9 - 13 20 31959X0301-A69P4 : N 21 31961X1201 : N 14 31961X1202 : N 14 31968R1612-A09P1 : N 1 31968R1612 : N 7 CONCERNS Failure concerning 11957E052 Failure concerning 11957E059 SUB Freedom of establishment <strong>and</strong> services ; Right of establishment ; Free movement of services AUTLANG Italian APPLICA Commission ; Institutions DEFENDA Italy ; Member States © An extract from a JUSTIS database 157
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