TO TAKE A DECISION AS REQUIRED BY ARTICLE 6 ( 5 ) OF THE REGULATION .
8 THE MINISTER OF TRANSPORT, ON THE OTHER HAND, BELIEVES THAT THE PROVISIONS OF ARTICLE 28 OF THE RAILWAYS LAW DO NOT CONSTITUTE A " TARIFF OBLIGATION " WITHIN THE MEANING OF REGULATION NO 1191/69 AND THAT THEREFORE THERE WAS NO NEED FOR HIM TO RULE ON THE APPLICATION SUBMITTED BY THE APPELLANT INSOFAR AS IT PURPORTED TO RELATE TO A TARIFF OBLIGATION .
9 FROM THE FOREGOING IT IS CLEAR THAT THE QUESTION OF INTERPRETATION RAISED BY THE NATIONAL COURT IS WHETHER THE GENERAL OBLIGATION IMPOSED BY LAW ON TRANSPORT UNDERTAKINGS TO SUBMIT THEIR TARIFFS FOR APPROVAL BY PUBLIC AUTHORITY COMES WITHIN THE MEANING OF THE WORDS " TARIFF OBLIGATION " IN ARTICLE 2 ( 5 ) OF REGULATION NO 1191/69 .
10 ARTICLE 2 ( 5 ) OF THE REGULATION DEFINES A TARIFF OBLIGATION AS BEING " ANY OBLIGATION IMPOSED UPON TRANSPORT UNDERTAKINGS TO APPLY, IN PARTICULAR FOR CERTAIN CATEGORIES OF PASSENGER, FOR CERTAIN CATEGORIES OF GOODS, OR ON CERTAIN ROUTES, RATES FIXED OR APPROVED BY ANY PUBLIC AUTHORITY WHICH ARE CONTRARY TO THE COMMERCIAL INTERESTS OF THE UNDERTAKING AND WHICH RESULT FROM THE IMPOSITION OF, OR REFUSAL TO MODIFY, SPECIAL TARIFF PROVISIONS ".
11 UNDER THIS PROVISION, THE DISTINGUISHING FEATURES OF A TARIFF OBLIGATION ARE NOT ONLY THAT RATES ARE FIXED OR APPROVED BY PUBLIC AUTHORITY BUT ALSO THAT IT SATISFIES THE DOUBLE CONDITION THAT " SPECIAL " TARIFF OBLIGATIONS FOR CERTAIN SPECIFIED CATEGORIES OF PASSENGER OR GOODS, OR ON CERTAIN ROUTES, SHOULD BE INVOLVED, AND THAT, IN ADDITION, THEY SHOULD BE CONTRARY TO THE COMMERCIAL INTERESTS OF THE UNDERTAKING .
12 THIS INTERPRETATION IS CONFIRMED BY THE SIXTH PARAGRAPH OF ARTICLE 2, WHICH EXCLUDES FROM THE DEFINITION OF TARIFF OBLIGATIONS " GENERAL MEASURES OF PRICE POLICY " AND " MEASURES TAKEN WITH RESPECT TO TRANSPORT RATES AND CONDITIONS IN GENERAL WITH A VIEW TO THE ORGANIZATION OF THE TRANSPORT MARKET OR OF PART THEREOF ".
13 A LEGAL OBLIGATION OF GENERAL APPLICATION WHEREBY TRANSPORT RATES ARE SUBMITTED FOR APPROVAL BY PUBLIC AUTHORITY CANNOT, THEREFORE, OF ITSELF, BE REGARDED AS CONSTITUTING A " TARIFF OBLIGATION " WITHIN THE MEANING OF THE PROVISION CITED .
ON THE SECOND QUESTION
14 THE SECOND QUESTION ASKS WHETHER ARTICLES 4 AND 5 OF REGULATION NO 1191/69 MUST BE INTERPRETED AS MEANING THAT " ECONOMIC DISADVANTAGES " WITHIN THE MEANING OF THE REGULATION CAN ARISE ONLY WHEN THEY MAKE THEMSELVES FELT OVER A LONG TERM, OR, AT THE VERY LEAST, OVER MORE THAN A YEAR .
15 THIS QUESTION AROSE OVER AN APPLICATION MADE BY THE APPELLANT IN THE MAIN ACTION UNDER REGULATION NO 1191/69 WITH A VIEW TO OBTAINING COMPENSATION IN RESPECT OF ONE YEAR - 1972 - FOR THE ECONOMIC DISADVANTAGES IT CLAIMS TO HAVE INCURRED AS A RESULT OF PUBLIC SERVICE OBLIGATIONS IN HANDLING PARCELS TRAFFIC, NOTWITHSTANDING THAT, IN THE FOLLOWING YEAR, THIS TYPE OF TRANSPORT WAS PROVIDED BY ANOTHER UNDERTAKING .
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