CELEX: C1998/258/13
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 11 June 1998 in Joined Cases C-176/97 and C-177/97: 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 maritime transport services - Maritime Agreement concluded with a third country - Cargo-sharing arrangement)

C 258/8                EN                 Official Journal of the European Communities                                      15.8.98
     under such a certificate may thus not benefit from the               entered into force after 1 January 1987, the Kingdom
     preferential rate provided for in that Regulation.                   of Belgium and the Grand Duchy of Luxembourg
                                                                          have failed to fulfil their obligations under Article 5 of
                                                                          Council Regulation (EEC) No 4055/86 of
(1) OJ C 94 of 22.3.1997.
                                                                          22 December 1986 applying the principle of freedom
                                                                          to provide services to maritime transport between
                                                                          Member States and between Member States and third
                                                                          countries;
                                                                     2. Orders the Kingdom of Belgium and the Grand Duchy
               JUDGMENT OF THE COURT                                      of Luxembourg to pay the costs.
                        (Fifth Chamber)
                                                                     (1) OJ C 199 of 28.6.1997.
                        of 11 June 1998
in Joined Cases C-176/97 and C-177/97: Commission of
the European Communities v Kingdom of Belgium and
               Grand Duchy of Luxembourg (1)
(Failure to fulfil obligations Ð Regulation (EEC) No 4055/
86 Ð Freedom to provide maritime transport services Ð                               JUDGMENT OF THE COURT
Maritime Agreement concluded with a third country Ð                                          (Fifth Chamber)
                  Cargo-sharing arrangement)
                                                                                            of 11 June 1998
                         (98/C 258/13)
                                                                     in Case C-291/97 P: H. v Commission of the European
                                                                                             Communities (1)
                (Language of the case: French)                       (Appeal Ð Officials Ð Invalidity procedure Ð Assessment
                                                                                                  of facts)
                                                                                              (98/C 258/14)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                                     (Language of the case: French)
In Joined Cases C-176/97 and C-177/97: Commission of
the European Communities (Agent: Frank Benyon) v                       (Provisional translation; the definitive translation will be
Kingdom of Belgium (Agent: Jan Devadder) and Grand                             published in the European Court Reports)
Duchy of Luxembourg (Agent: Nicolas Schmit) for a
declaration that, by introducing and maintaining in force
cargo-sharing arrangements, in the Agreement between the             In Case C-291/97 P: H, a former official of the
Belgo-Luxembourg Economic Union and Malaysia on                      Commission of the European Communities, residing in
maritime transport, which was approved by the Kingdom                Brussels, represented by Vincent Lurquin, of the Brussels
of Belgium both in its own name and on behalf of the                 Bar, with an address for service in Luxembourg at the
Grand Duchy of Luxembourg and which entered into                     Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim, Ð
force after 1 January 1987, the Kingdom of Belgium                   appeal against the judgment of the Court of First Instance
(C-176/97) and the Grand Duchy of Luxembourg (C-177/                 of the European Communities (Third Chamber) of 3 June
97) have failed to fulfil their obligations under Article 5 of       1997 in Case T-196/95 H v Commission [1997] ECR-SC
Council Regulation (EEC) No 4055/86 of 22 December                   II-403, seeking to have that judgment set aside, the other
1986 applying the principle of freedom to provide services           party to the proceedings being Commission of the
to maritime transport between Member States and                      European Communities (Agent: Ana Maria Alves Vieira Ð
between Member States and third countries (OJ L 378 of               the Court (Fifth Chamber), composed of: C. Gulmann,
31.12.1986, p. 1), the Court composed of: C. Gulmann                 President of the Chamber, M. Wathelet, J. C. Moitinho de
(President of Chamber), M. Wathelet, J. C. Moitinho de               Almeida, J.-P. Puissochet and L. Sevón (Rapporteur),
Almeida, D. A. O. Edward (Rapporteur) and L. Sevón,                  Judges; S. Alber, Advocate General; R. Grass, Registrar,
Judges; A. La Pergola, Advocate General; H. A. Rühl,                 has given a judgment on 11 June 1998, in which it:
Principal Administrator, for the Registrar, has given a
judgment on 11 June 1998, in which it:                               1. Dismisses the appeal;
1. Declares that, by introducing and maintaining in force            2. Orders the appellant to pay the costs.
     cargo-sharing arrangements, in the Agreement between
     the Belgo-Luxembourg Economic Union and Malaysia                (1) OJ C 295, 27.9.1997.
     on maritime transport which was approved by the
     Kingdom of Belgium both in its own name and on
     behalf of the Grand Duchy of Luxembourg and which