CELEX: C1999/366/03
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court (First Chamber) of 14 September 1999 in Case C-170/98: Commission of the European Communities v Kingdom of Belgium (Failure to fulfil obligations - Regulation (EEC) No 4055/86 - Freedom to provide services - Maritime transport)

C 366/2                 EN                     Official Journal of the European Communities                                         18.12.1999
                 JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                      of 14 September 1999                                                             (First Chamber)
in Case C-310/97 P: Commission of the European Com-                                              of 14 September 1999
 munities v AssiDomän Kraft Products AB and Others (1)
                                                                          in Case C-170/98: Commission of the European Communi-
(Appeal — Effects in relation to third parties of a judgment                                ties v Kingdom of Belgium (1)
                       annulling a measure)
                                                                          (Failure to fulfil obligations — Regulation (EEC)
                         (1999/C 366/02)                                  No 4055/86 — Freedom to provide services — Maritime
                                                                                                           transport)
                   (Language of the case: English)                                                    (1999/C 366/03)
                                                                                               (Language of the case: French)
In Case C-310/97 P: Commission of the European Communi-
ties (Agent: W. Wils) — appeal against the judgment of the
Court of First Instance of the European Communities (Second               (Provisional translation; the definitive translation will be published
Chamber, Extended Composition) of 10 July 1997 in Case                                        in the European Court Reports)
T-227/95 AssiDomän Kraft Products and Others v Com-
mission [1997] ECR II-1185, seeking to have that judgment                 In Case C-170/98: Commission of the European Communities
set aside, the other party to the proceedings being AssiDomän             (Agents: Frank Benyon and Bernard Mongin) v Kingdom of
Kraft Products AB, established in Stockholm, Sweden, Igge-
                                                                          Belgium (Agent: Jan Devadder) — application for a declaration
sunds Bruk AB, established in Ornsköldsvik, Sweden, Korsnäs               that, by failing either to adjust the agreement with the Republic
AB, established in Gävle, Sweden, MoDo Paper AB, established              of Zaire in such a way as to provide for fair, free and
in Ornsköldsvik, Sweden, Södra Cell AB, established in Växjö,
                                                                          non-discriminatory access by Community nationals to the
Sweden, Stora Kopparbergs Bergslags AB, established in Falun,             cargo shares due to Belgium or to denounce that agreement,
Sweden, Svenska Cellulosa AB, established in Sundsvall,
                                                                          the Kingdom of Belgium has failed to fulfil its obligations
Sweden, represented by J.E. Pheasant, Solicitor, with an address
                                                                          under Council Regulation (EEC) No 4055/86 of 22 December
for service in Luxembourg at the Chambers of Loesch &                     1986 applying the principle of freedom to provide services to
Wolter, 11 Rue Goethe — the Court, composed of: G.C. Rodrı́-
                                                                          maritime transport between Member States and between
guez Iglesias, President, P.J.G. Kapteyn, J.-P. Puissochet,
                                                                          Member States and third countries (OJ 1986 L 378, p. 1), in
G. Hirsch and P. Jann, Presidents of the Chambers, J.C. Moitin-           particular Articles 3 and 4(1) thereof — the Court (First
ho de Almeida, C. Gulmann, J.L. Murray, D.A.O. Edward,
                                                                          Chamber), composed of: P. Jann, President of the Chamber,
H. Ragnemalm, L. Sevón, M. Wathelet (Rapporteur) and
                                                                          D.A.O. Edward (Rapporteur) and L. Sevón, Judges; A. La Per-
R. Schintgen, Judges; D. Ruiz-Jarabo Colomer, Advocate                    gola, Advocate General; R. Grass, Registrar, has given a judg-
General; A. Rühl , Principal Administrator, for the Registrar,
                                                                          ment on 14 September 1999, in which it:
has given a judgment on 14 September 1999, in which it:
                                                                          1. Declares that, by failing either to adjust the agreement with the
1. Sets aside the judgment of the Court of First Instance of 10 July          Republic of Zaire (now the Democratic Republic of the Congo)
    1997 in Case T-227/95 AssiDomän Kraft Products and Others                 in such a way as to provide for fair, free and non-discriminatory
    v Commission;                                                             access by Community nationals to the cargo shares due to
                                                                              Belgium or to denounce that agreement, the Kingdom of Belgium
2. Dismisses the application for annulment lodged on 15 December              has failed to fulfil its obligations under Council Regulation (EEC)
    1995 by AssiDomän Kraft Products AB and Others before the                 No 4055/86 of 22 December 1986 applying the principle of
    Court of First Instance;                                                  freedom to provide services to maritime transport between
                                                                              Member States and between Member States and third countries,
3. Orders AssiDomän Kraft Products AB and the other respondents               in particular Articles 3 and 4(1) thereof;
    to bear all the costs incurred before the Court of First Instance
    and the Court of Justice.                                             2. Orders the Kingdom of Belgium to pay the costs.
(1) OJ No C 318 of 18.10.1997.                                            (1) OJ No C 258 of 15.8.1998.