Opinion of the Advocate General — ECLI:EU:C:1999:182
Date: 1999-04-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Freedom to provide services;Transport
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Summary of the Judgment 
Transport — Maritime transport — Cargo-sharing agreement between a Member State 
and a non-member country — Obligation to adjust an existing agreement before the entry 
into force of Regulation No 4055/86 — Deadlines for adjustment — Failure to comply — 
justification put forward — Existence of a difficult political situation in the non-member 
country — Not acceptable 
(Council Regulation No 4055/86, Art. 4(1)) 
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SUMMARY — CASE C-170/98 
Article 4(1) of Regulation No 4055/86 
applying the principle of freedom to pro­
vide services to maritime transport between 
Member States and between Member 
States and third countries draws a distinc­
tion, as regards determination of the date 
from which existing cargo-sharing agree­
ments — which Member States have 
entered into with non-member countries — 
should have been adjusted, between trades 
governed by the United Nations Code of 
Conduct for Liner Conferences and trades 
not so governed. Only with respect to the 
latter does Regulation No 4055/86 allow 
Member States a period expiring on 1 Jan­
uary 1993 for the adjustment prescribed. 
For trades governed by the Code of Con­
duct, no period is allowed for adjustment 
of an agreement; this must follow immedi­
ately upon ratification of the Code by the 
Member State concerned. 
The existence of a difficult political situa­
tion in a non-member country which is a 
contracting party cannot justify a delay in 
the adjustment of an agreement. If a 
Member State encounters difficulties which 
make it impossible to adjust an agreement, 
it must denounce the agreement. 
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