ED (Free movement of goods)

(Free movement of goods - Freedom to provide services - Free movement of capital - National provision prohibiting the issue of a summary payment order to be served outside national territory - Compatibility)

REFERENCE to the Court under Article 234 EC (ex Article 177) by the Pretura Circondariale di Bologna, Italy, for a preliminary ruling in the proceedings pending before that court between ED Srl

on the interpretation of Articles 34 and 59 of the EC Treaty (now, after amendment, Articles 29 EC and 49 EC) and Article 56 EC (ex Article 73b), for the purpose of determining the compatibility with those provisions of a national rule prohibiting the issue of a summary payment order to be served outside national territory, THE COURT (Fifth Chamber),

composed of: J.-P. Puissochet, President of the Chamber, P. Jann (Rapporteur), D.A.O. Edward, L. Sev�n and M. Wathelet, Judges, Advocate General: G. Cosmas, Registrar: L. Hewlett, Administrator,

'Must the prohibition on issuing a summary payment order where it is to be served on the defendant outside Italy or the territories under Italian sovereignty, that prohibition being laid down by the last paragraph of Article 633 of the Code of Civil Procedure, be regarded as a restriction or measure having equivalent effect capable of hindering, directly or indirectly, actually or potentially, the free movement of goods, services and capital guaranteed by Articles 34, 59 and 73b of the Treaty of Rome?' Article 34 of the EC Treaty (now, after amendment, Article 29 EC)