CELEX: C2000/192/24
Language: en
Date: 2000-07-08 00:00:00
Title: Case C-181/00: Reference for a preliminary ruling by the Plenary of the First Chamber of the Supremo Tribunal Administrativo, by judgment of that court of 13 April 2000 in the case of Flightline Ltd against Secretário de Estado dos Transportes e Comunicações and TAP — Transportes Aéreos Porguueses, SA

C 192/14                EN                    Official Journal of the European Communities                                           8.7.2000
3. Does the fact that a body uses surpluses which it systemati-          3. Must        Article      1(e)     of     Commission      Decision
     cally aims to make for the purpose of its benefits in the                No 94/698/EC (2) be interpreted as meaning that, by mak-
     form of a facility to play a type of sport as provided for               ing approval of the aid which it provides for subject to the
     in Article 13(A)(1)(m) of the Sixth Directive justify the                condition that Portugal honour the undertaking to apply
     conclusion that it does not aim to make a profit within the              Article 4 of Regulation (EEC) No 2408/92 to the Auton-
     meaning of that provision, or is such a conclusion                       omous Regions, with effect from 1 January 1996, by
     possible only where the intention is incidentally and not                publishing the public service obligations for the routes in
     systematically to make operating surpluses which are used                question (‘pursuant to Chapter IV, point III’), Portugal is
     as described? In answering these questions must account                  precluded from exercising the power granted to Member
     also be taken of the first indent of Article 13(A)(2) of the             States by Article 3(2)?
     Sixth Directive and, if so, how is that provision to be
     interpreted? In particular, in the second part of the
     provision must ‘systematically’ be read between ‘arising’
                                                                         (1) Council Regulation (EEC) No 2408/92 of 23 July 1992 on access
     and ‘shall’, or ‘merely incidentally’?
                                                                             for Community air carriers to intra-Community air routes (OJ
                                                                             1992 L 240, p. 8).
                                                                         (2) Commission Decision 94/698/EC of 6 July 1994 concerning
                                                                             increase in capital, credit guarantees and tax exemption in favour
                                                                             of TAP (Transportes Aéreos Portugueses) (OJ 1994 L 279, p. 29).
Reference for a preliminary ruling by the Plenary of the
First Chamber of the Supremo Tribunal Administrativo,
by judgment of that court of 13 April 2000 in the case of
Flightline Ltd against Secretário de Estado dos Transpor-               Reference for a preliminary ruling by the Juzgado de
tes e Comunicações and TAP — Transportes Aéreos                         Primera Instancia e Instrucción No 5 de Oviedo (Court
                          Porguueses, SA                                 of First Instance and Preliminary Investigations, No 5,
                                                                         Oviedo) by order of that court of 13 April 2000 in the
                                                                         case of Victoria González Sánchez v Medicina Asturiana
                          (Case C-181/00)                                                                   SA
                         (2000/C 192/24)                                                            (Case C-183/00)
Reference has been made to the Court of Justice of the                                              (2000/C 192/25)
European Communities by judgment of the Plenary of the First
Chamber of the Supremo Tribunal Administrativo (Supreme
                                                                         Reference has been made to the Court of Justice of the
Administrative Court) of 13 April 2000, which was received
                                                                         European Communities by order of the Juzgado de Primera
at the Court Registry on 15 May 2000, for a preliminary ruling
                                                                         Instancia e Instrucción No 5 de Oviedo of 13 April 2000,
in the case of Flightline Ltd against Secretário de Estado dos
                                                                         received at the Court Registry on 16 May 2000, for a
Transportes e Comunicações and TAP — Transportes Aéreos
                                                                         preliminary ruling in the case of Victoria González Sánchez v
Porguueses, SA on the following question:
                                                                         Medicina Asturiana SA on the following question:
1. Does the exercise by a Member State of the rights and
     powers provided for by Article 4 of Council Regulation              Must Article 13 of Council Directive 85/374/EEC (1) of 25 July
     (EEC) No 2408/92 (1) of 23 July 1992 necessarily presup-            1985 on the approximation of the laws, regulations and
     pose or mean that the power provided for in Article 3(2)            administrative provisions of the Member States concerning
     of that regulation of that Member State to be able to               liability for defective products be interpreted as meaning that
     restrict, until 1 April 1997, competition in cabotage               it precludes the restriction or limitation, as a result of
     services within its territory is waived?                            transposition of the Directive, of rights which had been granted
                                                                         to consumers by the legislation of the Member State?
2. May a Member State in a public tender procedure organised
     in 1995 for the provision of scheduled air services on a
     route subject to public service obligations imposed on              (1) OJ L 210, p. 29.
     such a route under Article 4 of the Regulation require air
     carriers licensed by another Member State which submit
     bids to meet the conditions laid down in Article 3(2) of
     that same regulation?