Case C-433/03: Action brought on 10 October 2003 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2003-11-29
Institutions: Court of Justice
Subjects: Germany, action for failure to fulfil an obligation, inland waterway shipping, intra-EU transport

29.11.2003

EN

Official Journal of the European Union

C 289/15

Furthermore, in the present instance there are no grounds for
allowing an exemption from the obligation to recover the aid.

ments with Romania, Poland and the Ukraine on trans-
port by inland waterway, and refusing to revoke them;

— declare that

the Federal Republic of Germany has
breached its obligations under Regulation (EC) No 1356/
96 (2), as the individual bilateral agreements on transport
by inland waterway with Romania, Poland, the Ukraine,
the Republic of Czechoslovakia and Hungary are incom-
patible with Regulation (EC) No 1356/96 and it has
refused to revoke them;

— order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

— The Federal Republic of Germany has usurped the
exclusive competence of the Community to conclude
international agreements within the meaning of the
‘AETR’ case-law by negotiating, concluding, ratifying and
bringing into force individual bilateral agreements with
Romania, Poland and the Ukraine on transport by inland
waterway which have an impact on the Community
provisions which the Community adopted in Regulation
(EEC) No 3921/91. That regulation lays down the con-
ditions under which non-resident carriers may transport
goods or passengers by inland waterway within a Member
State. Those conditions were widened in stages. The
balance thereby created is disturbed by Article 6 of the
agreements concluded with Poland, Romania and the
Ukraine whereby operators resident in third countries
have access to cabotage in Germany.

— The Federal Republic of Germany has failed to fulfil
its obligations under Article 10 EC by negotiating,
concluding, ratifying and bringing into force the con-
tested bilateral agreements after the Council had granted
the Commission authority to negotiate and the German
Government could not have been unaware that nego-
tiations for a multilateral agreement were in progress.

— The bilateral agreements concluded by the Federal Repub-
lic of Germany are incompatible with Council Regulation
(EC) No 1356/96 on common rules applicable to the
transport of goods or passengers by inland waterway
between Member States with a view to establishing
freedom to provide such transport services. The Polish,
Ukrainian, Romanian, Czech, Slovak and Hungarian
barge owners and inland waterway transport undertak-
ings, which may be allowed to carry out
transport
between Germany and the other Member States under
the contested agreements, do not satisfy the conditions
laid down in that Regulation.

(1) OJ 1991 L 373, p. 1.
(2) OJ 1996 L 175, p. 7.

Reference for a preliminary ruling by the Giudice di Pace
di Milazzo by order of that Court of 18 April 2003 in the
case of Provvidenza Regio against AXA Assicurazioni

(Case C-425/03)

(2003/C 289/29)

Reference has been made to the Court of Justice of the
European Communities by order of the Giudice di Pace di
Milazzo (Milazzo Magistrates’ Court) of 18 April 2003,
received at the Court Registry on 6 October 2003, for a
preliminary ruling in the case of Provvidenza Regio against
AXA Assicurazioni on the following question:

The questions of unconstitutionality raised in the present
proceedings concern Article 1 of Decree Law No 18/03, which
removes from equitable assessment cases falling within the
jurisdiction of the Giudice di Pace concerning standard form
contracts the value of which does not exceed EUR 1 100.

Action brought on 10 October 2003 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

(Case C-433/03)

(2003/C 289/30)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 10 October 2003 by the Commission of the European
Communities, represented by Claudia Schmidt and Wils
Wouter of its Legal Service, and Andreas Manville, Assistant in
its Legal Service, with an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— declare that

the Federal Republic of Germany has
breached its obligations under Article 10 EC and Regu-
lation (EEC) No 3921/91 (1) by negotiating, concluding,
ratifying and implementing individual bilateral agree-