CELEX: C1999/071/15
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 Kingdom of Sweden (Case C-468/98)

13.3.1999            EN                 Official Journal of the European Communities                                      C 71/9
Action brought on 18 December 1998 by the Commission               II. Order Sweden to pay the costs of the present
of the European Communities against the Kingdom of                      proceedings.
                           Sweden
                      (Case C-468/98)
                                                                   The pleas in law and main arguments are similar to those
                       (1999/C 71/15)                              in Case C-471/98 (5).
                                                                   (1) OJ L 240, 24.8.1992, pp. 1, 8 and 15 respectively.
                                                                   (2) OJ L 220, 29.7.1989, p. 1.
                                                                   (3) OJ L 278, 11.11.1993, p. 1.
An action against the Kingdom of Sweden was brought
                                                                   (4) OJ L 14, 22.1.1993, p. 1.
before the Court of Justice of the European Communities            (5) See p. 10 of the present Official Journal.
on 18 December 1998 by the Commission of the
European Communities, represented by Frank Benyon and
Christina Tufvesson, Legal Advisers in the Commission's
Legal Service, acting as Agents, with an address for service
in Luxembourg at the office of Carlos Gómez de la Cruz,
of the Commission's Legal Service, Wagner Centre,
Kirchberg.
                                                                   Action brought on 18 December 1998 by the Commission
                                                                   of the European Communities against the Republic of
                                                                                                 Finland
The applicant claims that the Court should:
                                                                                            (Case C-469/98)
                                                                                             (1999/C 71/16)
I.  Declare:
                                                                   An action against the Republic of Finland was brought
                                                                   before the Court of Justice of the European Communities
    Ð that, by individually negotiating, signing and               on 18 December 1998 by the Commission of the
        concluding an Open Skies' agreement with the              European Communities, represented by Allan Rosas,
        USA in the air-transport sector, Sweden acted in           Principal Legal Adviser, and Frank Benyon, Legal Adviser,
        breach of the EC Treaty, including Articles 5 and          acting as Agents, with an address for service in
        52 thereof, and also contrary to the secondary             Luxembourg at the office of Carlos Gómez de la Cruz,
        law adopted thereunder, in particular Regulation           Wagner Centre, Kirchberg.
        (EEC) No 2407/92 (1) on licensing of air carriers,
        Regulation (EEC) No 2408/92 (1) of 23 July
        1992 on access for Community air carriers to
        intra-Community routes, Regulation (EEC) No                The Commission claims that the Court should:
        2409/92 (1) of 23 July 1992 on fares and rates for
        air services, Regulation (EEC) No 2299/89 (2) of
        24 July 1989, as amended by Regulation (EEC)
        No 3089/93 (3) of 29 October 1993, on a code of            1. Declare that, by individually negotiating and
        conduct for computerised reservation systems, and               concluding in 1995 an open skies' air traffic
        Regulation (EEC) No 95/93 (4) of 18 January 1993                agreement with the United States of America, the
        on common rules for the allocation of slots at                  Republic of Finland is in breach of the EC Treaty,
        Community airports;                                             inter alia Articles 5 and 52 thereof, and of secondary
                                                                        law adopted on the basis of that Treaty, in particular
                                                                        Council Regulation (EEC) No 2407/92 of 23 July
                                                                        1992 on licensing of air carriers (1), Council
    Ð in the alternative, and in addition to the foregoing,             Regulation (EEC) No 2408/92 of 23 July 1992 on
        that, in so far as the 1995 agreement cannot be                 access for Community air carriers to intra-Community
        regarded as having radically amended and thus                   air routes (2), Council Regulation (EEC) No 2409/92
        replaced agreements previously concluded, Sweden                of 23 July 1992 on fares and rates for air services (3),
        infringed Article 234 of the EC Treaty, as amended              Council Regulation (EEC) No 2299/89 of 24 July
        by Article 6 of the Act of Accession, by not                    1989 on a code of conduct for computerised
        rescinding the provisions in the agreement which                reservation systems (4), as amended by Council
        are incompatible with the EC Treaty, in particular              Regulation (EEC) No 3089/93 (5), and Council
        Article 52, and with the secondary law adopted                  Regulation (EEC) No 95/93 of 18 January 1993 on
        thereunder, or by failing to adopt all possible legal           common rules for the allocation of slots at
        measures to that end;                                           Community airports (6); and