Opinion of the Advocate General — ECLI:EU:C:2005:692
Date: 2005-11-17
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations;Commercial policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Common commercial policy – Trade with non-member countries – Embargo measures against the Federal Republic of Yugoslavia (Serbia and Montenegro) – Regulation No 1432/92 (Council Regulation No 1432/92, Art. 1(d)) Article 1(d) of Regulation No 1432/92 prohibiting trade between the European Economic Community and the Republics of Serbia and Montenegro must be interpreted as meaning that the commercial carriage of persons to or from Serbia and Montenegro in the form of split transport was prohibited. ‘Split transport’ is to be understood as meaning the carriage of persons to or from the territory covered by the embargo, organised by means of a joint operation between an undertaking established in a Member State and an undertaking established in the territory covered by the embargo whereby the former provides carriage to or from the area bordering the territory covered by the embargo and the latter provides carriage from that point into the territory covered by the embargo or from inside that territory to that point (with passengers changing vehicles). (see para. 36, operative part)