CELEX: C2003/200/28
Language: en
Date: 2003-08-23 00:00:00
Title: Case C-266/03: Action brought on 18 June 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 200/16                EN                         Official Journal of the European Union                                        23.8.2003
Secondly, reserving delegated management contracts solely to                     with the Czech and Slovak Federative Republic, Rumania
the legal entities listed in Article 4 of the Law of 12 July 1985                and Poland concerning inland navigation, which affect the
on the supervision of public work and its relation with the                      Community rules adopted by the Community in Council
supervision of private work, as amended, constitutes a restric-                  Regulation (EEC) No 3921/91 of 16 December 1991
tion on the principle of the freedom to provide services. Such a                 laying down the conditions under which non-resident
restriction cannot be justified either by Article 45, inasmuch as                carriers may transport goods or passengers by inland
the tasks entrusted are not connected, even occasionally, with                   waterway within a Member State. Article 7 of those
the exercise of official authority, or by Article 46, since grounds              agreements provides, subject to special authorisation, for
of public policy, public security or public health are not applic-               access to cabotage in Luxembourg by carriers from the
able in the present case.                                                        non-member countries concerned.
(1) Council Directive 92/50/EEC of 18 June 1992 relating to the
                                                                           —     The Grand Duchy of Luxembourg has not observed its
    coordination of procedures for the award of public service                   obligations under Article 10 EC by negotiating,
    contracts (OJ L 209, 24.07.1992, p. 1).                                      concluding, ratifying and arranging for the entry into
                                                                                 force of the bilateral agreements in question after the
                                                                                 grant of a negotiating mandate by the Council to the
                                                                                 Commission to negotiate an agreement between the EEC,
                                                                                 on the one hand, and Poland and the States parties to the
                                                                                 Danube Convention (Hungary, Czechoslovakia, Rumania,
                                                                                 Bulgaria, the former USSR, the former Yugoslavia and
Action brought on 18 June 2003 by the Commission of                              Austria), on the other.
the European Communities against the Grand Duchy of
                             Luxembourg                                    —     The bilateral agreements concluded by the Grand Duchy
                                                                                 of Luxembourg are incompatible with Council Regulation
                           (Case C-266/03)                                       (EC) No 1356/96 of 8 July 1996 on common rules
                                                                                 applicable to the transport of goods or passengers by
                                                                                 inland waterway between Member States with a view to
                           (2003/C 200/28)
                                                                                 establishing freedom to provide such transport services.
                                                                                 The Polish, Rumanian, Czech and Slovak shippers and
                                                                                 navigation companies capable of being authorised under
An action against the Grand Duchy of Luxembourg was                              the bilateral agreements in question to effect transports
brought before the Court of Justice of the European Commu-                       between Luxembourg and the other Member States do
nities on 18 June 2003 by the Commission of the European                         not satisfy the conditions laid down in that regulation.
Communities, represented by C. Schmidt and W. Wils, acting
as Agents, with an address for service in Luxembourg.
                                                                           (1) OJ 1991 L 373, p. 1.
                                                                           (2) OJ 1996 L 175, p. 7.
The Commission of the European Communities claims that the
Court should:
1.    Declare that, under the first paragraph of Article 226 of
      the Treaty establishing the European Community, the
      Grand Duchy of Luxembourg, by individually negotiating,
      concluding, ratifying, arranging for the entry into force
      and refusing to renounce the bilateral agreements with the
      Czech and Slovak Federative Republic, Rumania and                    Reference for a preliminary ruling by the Cour d'appel of
      Poland concerning inland navigation, has failed to fulfil            the Grand Duchy of Luxembourg by judgment of that
      its obligations under Article 10 EC and Council Regula-              Court in the civil proceedings between 1. Administration
      tion (EEC) No 3921/91 of 16 December 1991 laying                     de l'Enregistrement et des Domaines, and 2. État du
      down the conditions under which non-resident carriers                Grand-Duché de Luxembourg and Vermietungsgesellschaft
      may transport goods or passengers by inland waterway                                          Objekt Kirchberg
      within a Member State (1) and Council Regulation (EC)
      No 1356/96 of 8 July 1996 on common rules applicable
      to the transport of goods or passengers by inland                                             (Case C-269/03)
      waterway between Member States with a view to estab-
      lishing freedom to provide such transport services (2).
                                                                                                    (2003/C 200/29)
2.    Order the Grand Duchy of Luxembourg to pay the costs.
                                                                           Reference has been made to the Court of Justice of the
                                                                           European Communities by judgment of the Cour d'appel
Pleas in law and main arguments                                            (Court of Appeal) of the Grand Duchy of Luxembourg,
                                                                           received at the Court Registry on 20 June 2003, for a
—     The Grand Duchy of Luxembourg has infringed the                      preliminary ruling in the civil proceedings between 1. Adminis-
      exclusive Community competence as defined in the                     tration de l'Enregistrement et des Domaines (Registration and
      ERTA case (Case 22/70 Commission v Council [1971]                    Land Authority), and 2. État du Grand-Duché de Luxembourg
      ECR 263) by negotiating, concluding, ratifying and arran-            and Vermietungsgesellschaft Objekt Kirchberg on the following
      ging for the entry into force of the bilateral agreements            question: