WRITTEN QUESTION No. 3481/97 by Panayotis LAMBRIAS to the Commission. Application of Community law by Member States' national court
Date: 1997-10-31
Institutions: European Parliament, LAMBRIAS
Subjects: EU Member State, EU law, European Commission, application of EU law, case-law, jurisdiction, report

25. 5. 98

EN

Official Journal of the European Communities

C 158/125

Answer given by Mr Kinnock on behalf of the Commission

(21 November 1997)

Port financing and charging systems in the Community differ considerably between European ports. At present,
each Member State decides whether, and to what extent, to charge users for the provision of port services and
facilities, including maritime access and navigational aids. The Commission does not normally monitor tariff
practices nor does it aim to harmonize tariffs in the port sector.

Public support for port infrastructure is normally not considered as state aid within the meaning of Article 92 of
the  EC  Treaty  as  long  as  the  infrastructure  is  open  to  all  users,  in  the  public  interest  and  on  the  basis  of
non-discriminatory access. However, public financing of port superstructure (such as buildings, semi-mobile and
mobile equipment) whose access is restricted to certain users is considered as state aid and its compatibility with
the EC Treaty has to be examined on that basis.

In the forthcoming green paper on ports and maritime infrastructure, the issue of infrastructure financing and
charging will be addressed extensively. The green paper is likely to be adopted towards the end of 1997 and will
subsequently be submitted to the Parliament. Further measures in the port sector will, to a large extent, depend on
the  outcome  of  the  discussions  with  the  other  Community  institutions,  Member  States  and  interested  parties
following the publication of the paper.

(98/C 158/162)

WRITTEN QUESTION E-3481/97

by Panayotis Lambrias (PPE) to the Commission

(31 October 1997)

Subject: Application of Community law by Member States(cid:146) national court

As the manner in which Community legislation is applied by the Member States(cid:146) national courts is an important
source  of  Community  law,  will  the  Commission  say  whether  it  systematically  monitors  the  case-law  of  the
national courts and takes account of judgments with a direct or indirect bearing on Union legislation?

Answer given by Mr Santer on behalf of the Commission

(16 December 1997)

The Commission regularly keeps abreast of judgments given by national courts in cases where Community law is
applicable.

The information it gathers is used for the preparation of Annex VI (Application of Community law by national
courts) to the annual report to the European Parliament on monitoring the application of Community law (1). This
annex is generally in two parts: the first concerns application of Article 177 of the EC Treaty and the second
records significant judgments of national courts of final instance.

(1)  OJ C 332, 3.11.1997.

(98/C 158/163)

WRITTEN QUESTION E-3484/97

by Richard Howitt (PSE) to the Council

(3 November 1997)

Subject: The Warsaw Convention and an Essex resident held hostage in Kuwait › claim against British Airways

Given  the  long-standing  complaint  from  Essex  resident  Mr  Edward  Hammett  and  367  passengers  of  British
Airways  flight  149,  that  the  airline  recklessly  and  intentionally  landed  in  Kuwait  after  the  Iraqi