CELEX: C1998/327/08
Language: en
Date: 1998-10-24 00:00:00
Title: ORDER OF THE COURT of 8 July 1998 in Case C-9/98: Ermanno Agostini and Emanuele Agostini v Ligue Francophone de Judo et Disciplines Associées ASBL and Ligue Belge de Judo ASBL (Reference for a preliminary ruling - Inadmissibility)

24.10.98              EN                  Official Journal of the European Communities                                    C 327/5
concerning the obligations inherent in the concept of a              pending before that court between Ermanno Agostini and
public service in transport by rail, road and inland                 Emanuele Agostini and Ligue Francophone de Judo et
waterway (OJ, English Special Edition 1969 (I), p. 276),             Disciplines AssocieÂes ASBL and Ligue Belge de Judo ASBL
as amended by Council Regulation (EEC) No 1893/91 of                 on the interpretation of Articles 6, 48 and 59 of the EC
20 June 1991 (OJ L 169, 29.6.1991, p. 1), in particular              Treaty, of Regulation (EEC) No 1612/68 of the Council of
Article 1(3) in conjunction with Article 4 thereof Ð the             15 October 1968 on freedom of movement for workers
Court (Sixth Chamber), composed of: H. Ragnemalm,                    within the Community (OJ, English Special Edition
President of the Chamber, R. Schintgen, G. F. Mancini,               1968 (II), p. 475), and of Council Directive 73/148/EEC
P. J. G. Kapteyn (Rapporteur) and G. Hirsch, Judges;                 of 21 May 1973 on the abolition of restrictions on
P. LeÂger, Advocate General; H. von Holstein, Deputy                 movement and residence within the Community for
Registrar, for the Registrar, has given a judgment on                nationals of Member States with regard to establishment
17 September 1998, in which it has ruled:                            and the provision of services (OJ L 172, 19.6.1973, p. 14)
                                                                     Ð the Court, composed of: G. C. Rodríguez Iglesias,
                                                                     President, C. Gulmann, H. Ragnemalm, M. Wathelet and
Regulation (EEC) No 1191/69 of the Council of 26 June                R. Schintgen, Presidents of Chambers, G. F. Mancini
1969 on action by Member States concerning the                       (Rapporteur), J. C. Moitinho de Almeida, P. J. G.
obligations inherent in the concept of a public service in           Kapteyn, J. L. Murray, D. A. O. Edward, J.-P. Puissochet,
transport by rail, road and inland waterway, as amended              G. Hirsch, P. Jann, L. Sevón and K. M. Ioannou, Judges,
by Council Regulation (EEC) No 1893/91 of 20 June                    G. Cosmas, Advocate General, R. Grass, Registrar, made
1991, in particular Article 1(3) and Article 4 thereof, must         an order on 8 July 1998, the operative part is as follows:
be construed as not obliging the Member States to grant
an application by a transport undertaking for partial
termination of its public service obligation, even if that
undertaking shows that maintaining the obligation                    The reference for a preliminary ruling made by the
involves economic disadvantages for it. However, the only            Tribunal de PremieÁre Instance, Namur, by order of that
ground for refusing such an application is the need to               court of 5 January 1998, is inadmissible.
ensure adequate transport services. That concept is to be
assessed, in accordance with Article 3 of Regulation
                                                                     (1) OJ C 72, 7.3.1998.
(EEC) No 1191/69, by reference to the public interest, the
possibility of having recourse to other forms of transport
and the ability of such forms to meet the transport needs
under consideration, and the transport rates and
conditions which can be quoted to users. Where there
are several ways of ensuring, while satisfying similar
conditions, the provision of adequate transport services,
the competent authorities are to select the way least costly         Action brought on 23 July 1998 by the Italian Republic
to the community.                                                       against the Commission of the European Communities
                                                                                            (Case C-295/98)
(1) OJ C 74, 8.3.1997.
                                                                                             (98/C 327/09)
                                                                     An action against the Commission of the European
                                                                     Communities was brought before the Court of Justice of
                  ORDER OF THE COURT                                 the European Communities on 23 July 1998 by the Italian
                        of 8 July 1998                               Republic, represented by Professor Umberto Leanza,
                                                                     acting as Agent, assisted by Danilo Del Gaizo, Avvocato
in Case C-9/98: Ermanno Agostini and Emanuele Agostini               dello Stato, with an address for service in Luxembourg at
v Ligue Francophone de Judo et Disciplines AssocieÂes                the Italian Embassy, 5 Rue Marie-Adelaïde.
           ASBL and Ligue Belge de Judo ASBL (1)
    (Reference for a preliminary ruling Ð Inadmissibility)
                                                                     The applicant claims that the Court should:
                        (98/C 327/08)
                (Language of the case: French)                       Ð Annul Commission Decision 98/358/EC of 6 May
                                                                         1998 (1) in so far as, in clearing the accounts presented
                                                                         by the Italian Republic in respect of expenditure for
  (Provisional translation; the definitive translation will be           1994, it declares that, for the reasons set out therein,
          published in the European Court Reports)                       the amounts referred to are not chargeable to the
                                                                         EAGGF;
In Case C-9/98: reference to the Court under Article 177
of the EC Treaty from the Tribunal de PremieÁre Instance,
Namur, for a preliminary ruling in the proceedings                   Ð Order the Commission to pay the costs.