Keywords

Summary



Keywords

1 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - EFFECT

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

2 . TRANSPORT - ROAD TRANSPORT - INTERNATIONAL CARRIAGE OF GOODS FOR HIRE OR REWARD - LIBERALIZATION - DIRECTIVE - EFFECT - NATIONAL LEGISLATION - CONFORMITY WITH THE DIRECTIVE - SUPERVISION - POWERS OF THE NATIONAL AUTHORITIES

( COUNCIL DIRECTIVE OF 23 JULY 1962 , ARTS 1 ( 3 ) AND 3 )

3 . TRANSPORT - ROAD TRANSPORT - INTERNATIONAL CARRIAGE OF GOODS FOR HIRE OR REWARD - LIBERALIZATION - LIMITS

( COUNCIL DIRECTIVE OF 23 JULY 1962 , ARTS 1 ( 3 ) AND 3 ; ANNEX II )

4 . COMMUNITY LAW - PRINCIPLES - EQUALITY OF TREATMENT - DISCRIMINATION ON THE GROUND OF NATIONALITY - CONCEPT

( EEC TREATY , ART . 7 ; COUNCIL DIRECTIVE OF 23 JULY 1962 , ARTS 1 ( 3 ) AND 3 )

Summary

1 . IF THE PROVISIONS OF A DIRECTIVE ARE UNCONDITIONAL AND SUFFICIENTLY PRECISE , AS FAR AS THEIR SUBJECT-MATTER IS CONCERNED , THEY MAY BE RELIED ON IN LEGAL PROCEEDINGS BY INDIVIDUALS WHERE THE MEMBER STATE IN QUESTION HAS NOT CORRECTLY IMPLEMENTED THE DIRECTIVE WITHIN THE FRAMEWORK OF ITS DOMESTIC LEGISLATION .

2 . ARTICLE 1 ( 3 ) OF THE FIRST COUNCIL DIRECTIVE OF 23 JULY 1962 ON THE ESTABLISHMENT OF CERTAIN COMMON RULES FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD FOR HIRE OR REWARD CONTAINS AN UNCONDITIONAL AND PRECISE PROHIBITION OF ANY QUOTA OR QUANTITATIVE RESTRICTION ; ARTICLE 3 OF THAT DIRECTIVE LEAVES TO THE MEMBER STATES CERTAIN POWERS REGARDING THE CONDITIONS FOR AUTHORIZING UNDERTAKINGS ESTABLISHED IN THEIR TERRITORY . THOSE PROVISIONS , BY THEIR VERY NATURE , MAY BE RELIED UPON IN LEGAL PROCEEDINGS ; IT IS THEREFORE FOR THE NATIONAL COURT OR TRIBUNAL TO CHECK WHETHER THE RELEVANT NATIONAL LEGISLATION CONFORMS TO THOSE PROVISIONS IF A PARTY RELIES UPON THEM IN PROCEEDINGS BEFORE THAT COURT .

3 . BY VIRTUE OF THE PROVISIONS OF THE FIRST COUNCIL DIRECTIVE ON THE ESTABLISHMENT OF CERTAIN COMMON RULES FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD THE COMPETENT AUTHORITIES OF A MEMBER STATE ARE ENTITLED TO CONTINUE TO APPLY TO UNDERTAKINGS ESTABLISHED IN ITS TERRITORY A SYSTEM OF AUTHORIZATIONS FOR THE TYPES OF INTERNATIONAL CARRIAGE OF GOODS BY ROAD FOR HIRE OR REWARD LISTED IN ANNEX II TO THE DIRECTIVE IF THE AIM OF SUCH A SYSTEM IS TO RESTRICT THE LOAD CAPACITY TO BE USED BY THOSE UNDERTAKINGS FOR THE INTERNATIONAL CARRIAGE OF GOODS , EVEN IF THEY SATISFY ALL THE OTHER REQUIREMENTS LAID DOWN BY THE NATIONAL LEGISLATION FOR AUTHORIZATION TO ENGAGE IN NATIONAL AND INTERNATIONAL CARRIAGE OF GOODS .

4.THE AIM OF ARTICLE 7 OF THE TREATY IS TO ELIMINATE ANY DISCRIMINATION ON THE GROUND OF NATIONALITY RESULTING FROM THE LEGISLATION OR ADMINISTRATIVE PRACTICES OF A GIVEN MEMBER STATE RATHER THAN ANY DISPARITY IN THE WAY IN WHICH UNDERTAKINGS OF DIFFERENT MEMBER STATES ARE TREATED AS A RESULT OF DIFFERENCES BETWEEN THE LEGISLATION OF THE MEMBER STATES , IN THE ABSENCE OF A COMMON TRANSPORT POLICY .

THUS , BY VIRTUE OF THE FIRST COUNCIL DIRECTIVE ON THE ESTABLISHMENT OF CERTAIN COMMON RULES FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD , THE FACT THAT A MEMBER STATE IMPOSES ON TRANSPORT UNDERTAKINGS ESTABLISHED IN ITS TERRITORY QUANTITATIVE RESTRICTIONS REGARDING THE LOAD CAPACITY TO BE EMPLOYED IN INTERNATIONAL CARRIAGE OF GOODS BETWEEN MEMBER STATES DOES NOT AMOUNT TO DISCRIMINATION CONTRARY TO ARTICLE 7 OF THE EEC TREATY EVEN THOUGH IT IS UNDER AN OBLIGATION , BY VIRTUE OF ARTICLE 1(3 ) OF THAT DIRECTIVE , TO ALLOW WITHIN ITS TERRITORY WITHOUT ANY RESTRICTION TRANSPORT OPERATIONS ORIGINATING IN OTHER MEMBER STATES EVEN IN CASES WHERE THOSE MEMBER STATES IMPOSE LESS SEVERE CONDITIONS REGARDING LOAD CAPACITY ON THE UNDERTAKINGS ESTABLISHED IN THEIR TERRITORY .