CELEX: C1999/071/16
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 18 December 1998 by the Commission of the European Communities against the Republic of Finland (Case C-469/98)

13.3.1999            EN                 Official Journal of the European Communities                                      C 71/9
Action brought on 18 December 1998 by the Commission               II. Order Sweden to pay the costs of the present
of the European Communities against the Kingdom of                      proceedings.
                           Sweden
                      (Case C-468/98)
                                                                   The pleas in law and main arguments are similar to those
                       (1999/C 71/15)                              in Case C-471/98 (5).
                                                                   (1) OJ L 240, 24.8.1992, pp. 1, 8 and 15 respectively.
                                                                   (2) OJ L 220, 29.7.1989, p. 1.
                                                                   (3) OJ L 278, 11.11.1993, p. 1.
An action against the Kingdom of Sweden was brought
                                                                   (4) OJ L 14, 22.1.1993, p. 1.
before the Court of Justice of the European Communities            (5) See p. 10 of the present Official Journal.
on 18 December 1998 by the Commission of the
European Communities, represented by Frank Benyon and
Christina Tufvesson, Legal Advisers in the Commission's
Legal Service, acting as Agents, with an address for service
in Luxembourg at the office of Carlos Gómez de la Cruz,
of the Commission's Legal Service, Wagner Centre,
Kirchberg.
                                                                   Action brought on 18 December 1998 by the Commission
                                                                   of the European Communities against the Republic of
                                                                                                 Finland
The applicant claims that the Court should:
                                                                                            (Case C-469/98)
                                                                                             (1999/C 71/16)
I.  Declare:
                                                                   An action against the Republic of Finland was brought
                                                                   before the Court of Justice of the European Communities
    Ð that, by individually negotiating, signing and               on 18 December 1998 by the Commission of the
        concluding an Open Skies' agreement with the              European Communities, represented by Allan Rosas,
        USA in the air-transport sector, Sweden acted in           Principal Legal Adviser, and Frank Benyon, Legal Adviser,
        breach of the EC Treaty, including Articles 5 and          acting as Agents, with an address for service in
        52 thereof, and also contrary to the secondary             Luxembourg at the office of Carlos Gómez de la Cruz,
        law adopted thereunder, in particular Regulation           Wagner Centre, Kirchberg.
        (EEC) No 2407/92 (1) on licensing of air carriers,
        Regulation (EEC) No 2408/92 (1) of 23 July
        1992 on access for Community air carriers to
        intra-Community routes, Regulation (EEC) No                The Commission claims that the Court should:
        2409/92 (1) of 23 July 1992 on fares and rates for
        air services, Regulation (EEC) No 2299/89 (2) of
        24 July 1989, as amended by Regulation (EEC)
        No 3089/93 (3) of 29 October 1993, on a code of            1. Declare that, by individually negotiating and
        conduct for computerised reservation systems, and               concluding in 1995 an open skies' air traffic
        Regulation (EEC) No 95/93 (4) of 18 January 1993                agreement with the United States of America, the
        on common rules for the allocation of slots at                  Republic of Finland is in breach of the EC Treaty,
        Community airports;                                             inter alia Articles 5 and 52 thereof, and of secondary
                                                                        law adopted on the basis of that Treaty, in particular
                                                                        Council Regulation (EEC) No 2407/92 of 23 July
                                                                        1992 on licensing of air carriers (1), Council
    Ð in the alternative, and in addition to the foregoing,             Regulation (EEC) No 2408/92 of 23 July 1992 on
        that, in so far as the 1995 agreement cannot be                 access for Community air carriers to intra-Community
        regarded as having radically amended and thus                   air routes (2), Council Regulation (EEC) No 2409/92
        replaced agreements previously concluded, Sweden                of 23 July 1992 on fares and rates for air services (3),
        infringed Article 234 of the EC Treaty, as amended              Council Regulation (EEC) No 2299/89 of 24 July
        by Article 6 of the Act of Accession, by not                    1989 on a code of conduct for computerised
        rescinding the provisions in the agreement which                reservation systems (4), as amended by Council
        are incompatible with the EC Treaty, in particular              Regulation (EEC) No 3089/93 (5), and Council
        Article 52, and with the secondary law adopted                  Regulation (EEC) No 95/93 of 18 January 1993 on
        thereunder, or by failing to adopt all possible legal           common rules for the allocation of slots at
        measures to that end;                                           Community airports (6); and
 ---pagebreak--- C 71/10                EN                Official Journal of the European Communities                                  13.3.1999
2. Declare, in the alternative, in so far as the agreement                  Regulation (EEC) No 2408/92 (2) of 23 July 1992
     concluded in 1995 cannot be regarded as substantially                  on access for Community air carriers to
     amending the previous agreements and hence replacing                   intra-Community routes, Council Regulation
     them, that the Republic of Finland is in breach of                     (EEC) No 2409/92 (3) of 23 July 1992 on fares and
     Article 234 of the EC Treaty, having regard also to                    rates for air services, Council Regulation (EEC)
     Article 6 of the Act of Accession of Austria, Finland                  No 2299/89 (4) of 24 July 1989, as amended by
     and Sweden, by not eliminating the provisions of those                 Regulation No 3089/93 (5) of 29 October 1993, on
     earlier agreements which are contrary to the Treaty, in                a code of conduct for computerised reservation
     particular Article 52 thereof, and to secondary law                    systems,     and    Council     Regulation     (EEC)
     based thereon, and by not taking all possible legal                    No 95/93 (6) of 18 January 1993 on common rules
     measures to eliminate those provisions; and                            for the allocation of slots at Community airports;
3. Order the Republic of Finland to pay the costs.                      Ð in the alternative, and additionally, declare, in so
                                                                            far as it considers that the 1995 agreement does
                                                                            not radically amend and therefore does not replace
                                                                            the agreements concluded previously, that Belgium
The pleas in law and main arguments are the same as in
                                                                            is in breach of its obligations under Article 5 of
Case C-471/98 (7).
                                                                            the Treaty and under secondary law in not
                                                                            rescinding, in those previous agreements, the
(1) OJ L 240, 24.8.1992, p. 1.                                              provisions which are incompatible with the Treaty,
(2) OJ L 240, 24.8.1992, p. 8.                                              in particular Article 52, and with secondary law,
(3) OJ L 240, 24.8.1992, p. 15.                                             or by not taking all possible legislative measures to
(4) OJ L 220, 29.7.1989, p. 1.                                              that end;
(5) OJ L 278, 11.11.1993, p. 1.
(6) OJ L 14, 22.1.1993, p. 1.
(7) See p. 10 of this Official Journal.
                                                                    (2) order the Kingdom of Belgium to pay the costs.
                                                                    Pleas in law and main arguments adduced in support:
Action brought on 18 December 1998 by the Commission
of the European Communities against the Kingdom of
                               Belgium
                                                                    Ð It is impossible, through the establishment of a
                         (Case C-471/98)                                common market in air transport, pursuant to
                                                                        Article 84(2) of the EC Treaty, to secure in full the
                          (1999/C 71/17)                                objective of a balanced market featuring undistorted
                                                                        competition unless the Community concludes with the
                                                                        United States an agreement covering areas such as
                                                                        those dealt with in the bilateral agreement in question,
An action against the Kingdom of Belgium was brought                    since the Community alone is competent in this
before the Court of Justice of the European Communities                 regard, pursuant to Opinion 1/76.
on 18 December 1998 by the Commission of the
European Communities, represented by Frank Benyon,
Legal Adviser, acting as Agent, with an address for service
in Luxembourg at the office of Carlos Gómez de la Cruz,
Wagner Centre, Kirchberg.                                           Ð The bilateral Belgo-American agreement affects the
                                                                        objectives, scope and operation of the internal market
                                                                        in air transport as established by all of the joint
                                                                        Community rules which made its creation possible.
The applicant claims that the Court should:                             That agreement governs in particular the granting of
                                                                        rights of access to and departure from the internal
                                                                        market and the granting of rights to carriers from
(1) Ð declare that, by negotiating, signing and                         non-member countries within the Community.
         concluding in 1995, and applying individually, an
         open skies' agreement with the United States in
         the air transport sector, Belgium is in breach of its
         obligations under the Treaty, in particular                    Pursuant to the judgment in Case 22/70 (AETR')
         Articles 5 and 52 thereof, and under secondary                 (confirmed in Opinions 2/92 and 1/94), Member
         law adopted pursuant to the Treaty, in particular              States can no longer assume obligations towards
         Council Regulation (EEC) No 2407/92 (1) of                     non-member countries, whether individually or
         23 July 1992 on licensing of air carriers, Council             collectively, if those obligations affect the rules of