CELEX: 62008CG0001
Language: en
Date: 2009-11-30 00:00:00
Title: Opinion 1/08: Opinion of the Court (Grand Chamber) of 30 November 2009 — Commission of the European Communities (Opinion pursuant to Article 300(6) EC — General Agreement on Trade in Services (GATS) — Schedules of specific commitments — Conclusion of agreements on the grant of compensation for modification and withdrawal of certain commitments following the accession of new Member States to the European Union — Shared competence — Legal bases — Common commercial policy — Common transport policy)

16.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/2
            
         Opinion of the Court (Grand Chamber) of 30 November 2009 — Commission of the European Communities
   (Opinion 1/08) (1)
   
   (Opinion pursuant to Article 300(6) EC - General Agreement on Trade in Services (GATS) - Schedules of specific commitments - Conclusion of agreements on the grant of compensation for modification and withdrawal of certain commitments following the accession of new Member States to the European Union - Shared competence - Legal bases - Common commercial policy - Common transport policy)
   2011/C 211/02
   Language of the case: all the official languages
   
      Parties
   
   
      Applicant: Commission of the European Communities
   
      Re:
   
   Request for an Opinion — World Trade Organisation (WTO) — General Agreement on Trade in Services (GATS) — Schedules of specific commitments concerning market access and the grant of national treatment — Agreements relating to the modification and withdrawal of specific commitments following the accession of new Member States to the European Union and to the compensatory adjustments for WTO members affected by that modification and withdrawal — Nature of the Community’s competence (exclusive or shared) to conclude such agreements and appropriate legal bases — Scope of the common commercial policy and the common transport policy respectively
   
      Operative part
   
   
               1.
            
            
               The conclusion of the agreements with the affected members of the World Trade Organisation, pursuant to Article XXI of the General Agreement on Trade in Services (GATS), as described in the request for an Opinion, falls within the sphere of shared competence of the European Community and the Member States.
            
         
               2.
            
            
               The Community act concluding the abovementioned agreements must be based both on Article 133(1), (5) and (6), second subparagraph, EC and on Articles 71 EC and 80(2) EC, in conjunction with Article 300(2) and (3), first subparagraph, EC.
            
         
      (1)  OJ C 183, 19.7.2008.