CELEX: C1999/366/04
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court (First Chamber) of 14 September 1999 in Joined Cases C-171/98, C-201/98 and C-202/98: Commission of the European Communities v Kingdom of Belgium and Grand Duchy of Luxembourg (Failure to fulfil obligations - Regulation (EEC) No 4055/86 - Freedom to provide services - Maritime transport)

18.12.1999              EN                      Official Journal of the European Communities                                              C 366/3
                 JUDGMENT OF THE COURT                                          Republic of Côte d’Ivoire (C-201/98 and C-202/98) in such a
                                                                                way as to provide for fair, free and non-discriminatory access by
                                                                                Community nationals to the cargo shares due to Belgium and
                          (First Chamber)                                       Luxembourg or to denounce those agreements, the Kingdom of
                                                                                Belgium (C-171/98 and C-201/98) and the Grand Duchy of
                                                                                Luxembourg (C-202/98) have failed to fulfil their obligations
                      of 14 September 1999                                      under Council Regulation (EEC) No 4055/86 of 22 December
                                                                                1986 applying the principle of freedom to provide services to
                                                                                maritime transport between Member States and between Member
in Joined Cases C-171/98, C-201/98 and C-202/98: Com-                           States and third countries, in particular Articles 3 and 4(1)
mission of the European Communities v Kingdom of                                thereof with respect to the Republic of Senegal and the Republic
        Belgium and Grand Duchy of Luxembourg(1)                                of Côte d’Ivoire and Article 5 thereof with respect to the Republic
                                                                                of Mali and the Togolese Republic;
(Failure to fulfil obligations — Regulation (EEC)                          2. In Cases C-171/98 and C-201/98, orders the Kingdom of
No 4055/86 — Freedom to provide services — Maritime                             Belgium to pay the costs and, in Case C-202/98, orders the
                              transport)                                        Grand Duchy of Luxembourg to pay the costs.
                          (1999/C 366/04)                                  (1) OJ No C 258 of 15.8.1998.
                    (Language of the case: French)
(Provisional translation; the definitive translation will be published                       JUDGMENT OF THE COURT
                   in the European Court Reports)
                                                                                                       (Fifth Chamber)
In Joined Cases C-171/98, C-201/98 and C-202/98: Com-
                                                                                                  of 16 September 1999
mission of the European Communities (Agents: Frank Benyon
and Bernard Mongin) v Kingdom of Belgium (C-171/98
and C-201/98) (Agent: Jan Devadder) and Grand Duchy of                     in Case C-392/97 (reference for a preliminary ruling from
Luxembourg (C-202/98) (Agent: Nicolas Schmit) — appli-                     the Bundesgerichtshof): Appeal procedure concerning the
cations for declarations that, by concluding and maintaining               creation of a supplementary protection certificate for
in force the agreements containing cargo-sharing arrangements              medicinal products introduced by Farmitalia Carlo Erba
with the Togolese Republic (C-171/98 and C-202/98) and the                                                   Srl(1)
Republic of Mali (C-201/98 and C-202/98) and by failing
either to adjust the agreements with the Republic of Senegal               (Proprietary medicinal products — Supplementary protec-
and the Republic of Côte d’Ivoire (C-201/98 and C-202/98) in                                            tion certificate)
such a way as to provide for fair, free and non-discriminatory
access by Community nationals to the cargo shares due to                                               (1999/C 366/05)
Belgium and Luxembourg or to denounce those agreements,
the Kingdom of Belgium (C-171/98 and C-201/98) and the
Grand Duchy of Luxembourg (C-202/98) have failed to fulfil                                     (Language of the case: German)
their obligations under Council Regulation (EEC) No 4055/86
of 22 December 1986 applying the principle of freedom to
provide services to maritime transport between Member States               (Provisional translation; the definitive translation will be published
and between Member States and third countries (OJ 1986                                          in the European Court Reports)
L 378, p. 1), in particular Articles 3 and 4(1) thereof with
respect to the Republic of Senegal and the Republic of Côte                In Case C-392/97: reference to the Court under Article 177 of
d’Ivoire and Article 5 thereof with respect to the Republic of             the EC Treaty (now Article 234 EC) from the Bundesgerichts-
Mali and the Togolese Republic — the Court (First Chamber),                hof, Germany, for a preliminary ruling in the appeal proceed-
composed of: P. Jann, President of the Chamber, D.A.O. Ed-                 ings brought before that court by Farmitalia Carlo Erba Srl —
ward (Rapporteur) and L. Sevón, Judges; A. La Pergola, Advo-              on the interpretation of Article 3(a) and (b) of Council
cate General; R. Grass, Registrar, has given a judgment on                 Regulation (EEC) No 1768/92 of 18 June 1992 concerning the
14 September 1999, in which it:                                            creation of a supplementary protection certificate for medicinal
                                                                           products (OJ 1992 L 182, p. 1) — the Court (Fifth Chamber),
1. Declares that, by concluding and maintaining in force the               composed of: J.-P. Puissochet, President of the Chamber,
     agreements containing cargo-sharing arrangements with the             P. Jann, C. Gulmann (Rapporteur), D.A.O. Edward and
     Togolese Republic (C-171/98 and C-202/98) and the Republic            L. Sevón, Judges; N. Fennelly, Advocate General; L. Hewlett,
     of Mali (C-201/98 and C-202/98) and by failing either to              Administrator, for the Registrar, has given a judgment on
     adjust the agreements with the Republic of Senegal and the            16 September 1999, in which it has ruled: