Opinion of the Advocate General — ECLI:EU:C:1998:90
Date: 1998-03-05
Language of the case: French
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;Luxembourg

Summary of the Judgment
Transport — Maritime transport— Cargo-sharing agreement between a Member State and a
third country — Future agreement not authorised under Article 5 of Regulation No 4055/86 —
Failure to fulfil obligations
(Council Regulation No 4055/86, Art. 5)
An agreement on maritime transport
between a Member State and a third country
is a future agreement on cargo-sharing
within the meaning of Article 5(1) of
Regulation No 4055/86 applying the prin­
ciple of freedom to provide services to mari­
time transport between Member States and
between Member States and third countries
I-3557
SUMMARY —JOINED CASES C-176/97 AND C-177/97
if, under its relevant provisions, it entered
into force only after 1 January 1987, the date
of entry into force of that regulation, and
contains arrangements concerning cargo-
sharing between the contracting parties. In
the absence of authorisation granted under
Article 5(1) of Regulation No 4055/86, such
arrangements are contrary to that provision.
I-3558