5. 11. 97 Official Journal of the European Communities L 301/27 COMMISSION DECISION of 21 October 1997 relating to a proceeding pursuant to Article 90 (3) of the EC Treaty regarding the tariffs for piloting in the Port of Genoa (Only the Italian text is authentic) (Text with EEA relevance) . (57/745/EQC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof, Having regard to the complaint lodged by Tourship on 21 June 1994 concerning the system of reductions in piloting tariffs in the port of Genoa, withdrawn on 8 July 1997, Having given the Italian authorities, the Corpo desi Piloti del Porto di Genova (Corporation of Pilots of the Port of Genoa), Tirrenia, Viamare di Navigazione Navarma and Tourship the opportunity to make known their views on the objections raised by the Commission concerning the system of reductions in piloting tarifs in the port of Genoa, Whereas: THE FACTS This procedure concerns the system of reductions in piloting tariffs in the port of Genoa. The State measure concerned (1)  Following several references for peliminary rulings from the Court of Genoa in connection with a dispute between Corsica Ferries and the Corpora- tion of Pilots, on 17 May 1994, the Court of Justice delivered a judgement in Case C-18/93 Corsica Ferries ('), on piloting tariffs in the port of Genoa. It held that ‘Article 90 (1) and Article 86 of the Treaty prohibit a national authority from inducing an undertaking which has been granted the exclu- sive right of providing compulsory piloting services in a substantial part of the common market, by approving the tariffs adopted by it, to apply dif- () [1994] ECR 1-1783. ferent tariffs to maritime transport undertakings, depending on whether they operate transport services between Member States or between ports situated on national territory, in so far as trade between Member States is affected’. On 26 May 1994, Tourship (formerly Corsica Ferries) applied to the Corporation of Pilots of the Port of Genoa for the reductions granted to vessels engaged in cabotage, pursuant to the abovemen- tioned judgment. On 1 June 1994, the Corporation informed Tourship that it was obliged to apply the tariffs laid down by the Ministry for the Merchant Navy. The Ministry not having issued new tariffs at that time, the Corporation had been compelled to apply the tariffs objected to by the Court. On 21 June 1994, Tourship complained to the Commission concerning the system of reductions in piloting tariffs in the port of Genoa, a system which had been the subject of the abovementioned Court ruling. On 5 October 1994 a new tariff was published in Circular No 5203904. Pursuant to Article 91 of the Navigation Code, piloting tariffs are approved by the Minister for the Merchant Navy after secking the opinions of the trade union associations concerned. The tariffs are put into effect in each port by decree of the competent maritime autho- rity. In the port of Genoa, the abovementioned circular was put into effect by Decree 17/94 of 12 October 1994 of the maritime authority. Article 1 of the Decree in question fixes the basic rate calculated on the basis of the gross registered tonnage of a vessel. Article 4 lays down the tariff increases for services supplied outside normal working hours and days which range from 40 % to 50 % of the basic tariff. Article 10 provides for a system of reductions on the following piloting tariffs: