CELEX: C1997/199/30
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 5 May 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-176/97)

No C 199/ 16         EN                  Official Journal of the European Communities                                 28 . 6 . 97
Action brought on 5 May 1997 by the Commission of the               agreement as envisaged by Article 5 of the regulation,
 European Communities against the Kingdom of Belgium                with which it is incompatible .
                       ( Case C-176/97)
                                                                    (') OJ No L 378 , 31 . 12 . 1986 , p . 1 .
                         ( 97/C 199/30 )
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities
on 5 May 1997 by the Commission of the European                     Action brought on 5 May 1997 by the Commission of
Communities, represented by Frank Benyon, acting as                 the European Communities against the Grand Duchy of
Agent, with an address for service in Luxembourg at the                                         Luxembourg
offices of Carlos Gomez de la Cruz, Wagner Centre,
Kirchberg.                                                                                   ( Case C-l 77/97)
                                                                                               ( 97/C 199/31 )
The applicant claims that the Court should:
                                                                    An action against the Grand Duchy of Luxembourg was
                                                                    brought before the Court of Justice of the European
                                                                    Communities on 5 May 1997 by the Commission of the
— declare that by introducing and maintaining in force
                                                                    European Communities, represented by Frank Benyon,
     cargo-sharing arrangements, in the Agreement between
                                                                    acting as Agent, with an address for service in
     the Belgo-Luxembourg Economic Union and Malaysia
                                                                    Luxembourg at the offices of Carlos Gomez de la Cruz,
     which was approved by Belgium and entered into
                                                                    Wagner Centre, Kirchberg.
     force after 1 January 1987, the Kingdom of Belgium
     has failed to fulfil its obligations under Article 5 of
     Council Regulation ( EEC ) No 4055/86 of 22 December           The applicant claims that the Court should:
     1986 applying the principle of freedom to provide
     services to maritime transport between Member States
     and between Member States and third countries ('),             — declare that by introducing and maintaining in force
                                                                         cargo-sharing arrangements, in the Agreement between
                                                                         the Belgo-Luxembourg Economic Union and Malaysia
— order the Kingdom of Belgium to pay the costs .                        which was approved by Belgium and entered into
                                                                         force after 1 January 1987, the Grand Duchy of
                                                                         Luxembourg has failed to fulfil its obligations under
                                                                         Article 5 of Council Regulation ( EEC ) No 4055/86 of
Pleas in law and main arguments adduced in support:                      22 December 1986 applying the principle of freedom
                                                                         to provide services to maritime transport between
                                                                         Member States and between Member States and third
Council Regulation ( EEC ) No 4055/86 of 22 December                     countries ('),
1986 applying the principle of freedom to provide services
to maritime transport between Member States and
between Member States and third countries entered into              — order the Grand Duchy of Luxembourg to pay the
                                                                         costs .
force on 1 January 1987, pursuant to Article 12 thereof.
                                                                     Pleas in law and main arguments adduced in support:
The regulation prohibits cargo-sharing arrangements in
agreements between Member States and third countries .
Article 5 provides that, in any future agreements, such              Council Regulation (EEC ) No 4055/86 of 22 December
arrangements are authorized only in exceptional                      1986 applying the principle of freedom to provide services
circumstances where Community liner shipping companies               to maritime transport between Member States and
                                                                     between Member States and third countries entered into
would not otherwise have an effective opportunity to ply
for trade to and from the third country concerned .                  force on 1 January 1987, pursuant to Article 12 thereof.
Article 3 provides that arrangements contained in existing
agreements were to be phased out or adjusted in                      The regulation prohibits cargo-sharing arrangements in
accordance with the provisions of Article 4 .                        agreements between Member States and third countries .
                                                                     Article 5 provides that, in any future agreements, such
                                                                     arrangements are authorized only in exceptional
 The maritime agreement between the Belgo-Luxembourg                 circumstances where Community liner shipping companies
 Economic Union and Malaysia , signed at Kuala Lumpur                would not otherwise have an effective opportunity to ply
 on 12 February 1985 , contains a cargo-sharing                      for trade to and from the third country concerned.
 arrangement. That agreement, which was approved by a                Article 3 provides that arrangements contained in existing
 law of 29 June 1987 (Moniteur Beige, 2 September 1987)              agreements were to be phased out or adjusted in
 and entered into force on 17 August 1987, is a future               accordance with the provisions of Article 4 .