Manfredi and Others Judgment of the Court (Third Chamber) 13 July 2006

MANFREDI AND OTHERS JUDGMENT OF THE COURT (Third Chamber) Thirteenth July two thousand six

In Joined Cases C-two ninety-five/zero four to C-two ninety-eight/zero four,

REFERENCES for a preliminary ruling under Article two hundred thirty-four E C from the Giudice di Pace di Bitonto (Italy), made by decision of thirtieth June two thousand four, received at the Court on thirteenth July two thousand four, in the proceedings

Vincenzo Manfredi (C-two ninety-five/zero four)

Lloyd Adriatico Assicurazioni SpA,

Antonio Cannito (C-two ninety-six/zero four)

and

Nicolò Tricarico (C-two ninety-seven/zero four),

Pasqualina Murgolo (C-two ninety-eight/zero four)

Assitalia SpA,

THE COURT (Third Chamber),

composed of A. Rosas, President of Chamber, J. Malenovský, S. von Bahr (Rapporteur), A. Borg Barthet and A. Ó Caoimh, Judges,

having regard to the written procedure and further to the hearing on tenth November two thousand five,

after considering the observations submitted on behalf of:

- Assitalia SpA (C-two ninety-seven/zero four and C-two ninety-eight/zero four), by A. Pappalardo, M. Merola and D.P. Domenicucci, lawyers,

- the Italian Government, by I.M. Braguglia, acting as Agent, assisted by M. Fiorilli, avvocato dello Stato,

- the German Government, by C. Schulze-Bahr, acting as Agent,

- the Austrian Government, by C. Pesendorfer, acting as Agent,

- the Commission of the European Communities, by T. Christoforou and F. Amato, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on twenty-sixth January two thousand six,

gives the following