CELEX: C1999/071/18
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 Grand Duchy of Luxembourg (Case C-472/98)

13.3.1999              EN               Official Journal of the European Communities                                       C 71/11
     the internal Community market and result in                   The applicant claims that the Court should:
     discrimination or distort competition. Furthermore,
     such bilateral agreements concern questions coming
     under domestic legislation on the treatment to be
     accorded to undertakings which have their registered
     office outside the Community or in third countries.           (1) Ð declare that, by negotiating, signing and
                                                                            concluding in 1995, and applying individually, an
                                                                            open skies' agreement with the United States in
                                                                            the air transport sector, Luxembourg is in breach
Ð Agreements with a non-member country having such                          of its obligations under the Treaty, in particular
     effects on the internal market in air transport cannot                 Articles 5 and 52 thereof, and under secondary
     be concluded outside the Community framework.                          law adopted pursuant to the Treaty, in particular
                                                                            Council Regulation (EEC) No 2407/92 (1) of
                                                                            23 July 1992 on licensing of air carriers, Council
                                                                            Regulation (EEC) No 2408/92 (2) of 23 July 1992
                                                                            on access for Community air carriers to
Ð The provisions on the designation of carriers                             intra-Community routes, Council Regulation
     constitute an infringement of Article 52 of the Treaty                 (EEC) No 2409/92 (3) of 23 July 1992 on fares and
     (see the arguments in Case C-466/98).                                  rates for air services, Council Regulation (EEC)
                                                                            No 2299/89 (4) of 24 July 1989, as amended by
                                                                            Regulation No 3089/93 (5) of 29 October 1993, on
                                                                            a code of conduct for computerised reservation
                                                                            systems,      and     Council       Regulation   (EEC)
Ð The negotiation of this type of bilateral agreement
                                                                            No 95/93 (6) of 18 January 1993 on common rules
     constitutes a breach of the obligations on Member
                                                                            for the allocation of slots at Community airports;
     States under Article 5 of the EC Treaty.
                                                                        Ð in the alternative, and additionally, declare, in so
Ð (Alternative submission) Breach of the obligations                        far as it considers that the 1995 agreement does
     following, in the case of Belgium, from Article 234 of                 not radically amend and therefore does not replace
     the EC Treaty.                                                         the agreements concluded previously, that
                                                                            Luxembourg is in breach of its obligations under
                                                                            Article 5 of the Treaty and under secondary law in
(1 ) OJ L 240, 24.8.1992, p. 1.                                             not rescinding, in those previous agreements, the
(2 ) OJ L 240, 24.8.1992, p. 8.                                             provisions which are incompatible with the Treaty,
(3 ) OJ L 240, 24.8.1992, p. 15.                                            in particular Article 52, and with secondary law,
(4 ) OJ L 220, 29.7.1989, p. 1.
                                                                            or by not taking all possible legislative measures to
(5 ) OJ L 278, 11.11.1993, p. 1.
(6 ) OJ L 14, 22.1.1993, p. 1.                                              that end;
                                                                   (2) order the Grand Duchy of Luxembourg to pay the
                                                                        costs.
Action brought on 18 December 1998 by the Commission
of the European Communities against the Grand Duchy of
                          Luxembourg                               The pleas in law and main arguments are similar to those
                                                                   in Case C-471/98 (7).
                        (Case C-472/98)
                         (1999/C 71/18)
                                                                   (1) OJ L 240, 24.8.1992, p. 1.
                                                                   (2) OJ L 240, 24.8.1992, p. 8.
                                                                   (3) OJ L 240, 24.8.1992, p. 15.
                                                                   (4) OJ L 220, 29.7.1989, p. 1.
                                                                   (5) OJ L 278, 11.11.1993, p. 1.
An action against the Grand Duchy of Luxembourg was                (6) OJ L 14, 22.1.1993, p. 1.
brought before the Court of Justice of the European                (7) See p. 10 of the present Official Journal.
Communities 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.