CELEX: C2000/034/29
Language: en
Date: 2000-02-05 00:00:00
Title: Case C-448/99: Action brought on 25 November 1999 by the Commission of the European Communities against the Grand Duchy of Luxembourg

5.2.2000               EN                       Official Journal of the European Communities                                        C 34/15
Action brought on 24 November 1999 by the Com-                             Action brought on 25 November 1999 by the Com-
mission of the European Communities against the Italian                    mission of the European Communities against the Grand
                             Republic                                                             Duchy of Luxembourg
                         (Case C-447/99)                                                             (Case C-448/99)
                          (2000/C 34/28)
                                                                                                      (2000/C 34/29)
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 24 Novem-                  An action against the Grand Duchy of Luxembourg was
ber 1999 by the Commission of the European Communities,                    brought before the Court of Justice of the European Communi-
represented by Frank Benyon and Stefania Dragone, of its                   ties on 25 November 1999 by the Commission of the Euro-
Legal Service, acting as Agents, with an address for service in            pean Communities, represented by Michel Nolin, of its Legal
Luxembourg at the office of Carlos Gómez de la Cruz, of its               Service, acting as Agent, with an address for service in
Legal Service, Wagner Centre, Kirchberg.                                   Luxembourg at the office of Carlos Gómez de la Cruz, of its
                                                                           Legal Service, Wagner Centre, Kirchberg.
The applicant claims that the Court should:
                                                                           The Commission claims that the Court should:
1. Declare that, by maintaining in force the provisions of
     Article 3 of the Ministerial Decree of 13 August 1998,                1. Declare that, by failing to bring into force the laws,
     which brings into force Law No 537 of 24 December                          regulations and administrative provisions necessary to
     1993, as amended by Law No 662 of 23 December 1996,                        comply with Articles 8(3) and 9(2) of Directive 97/13/EC
     which provide for differentiated airport taxes according to                of the European Parliament and of the Council of 10 April
     whether the flight is domestic or to another Member State,                 1997 on a common framework for general authorisations
     the Italian Republic has failed to fulfil its obligations under            and individual licences in the field of telecommunications
     Article 59 of the EC Treaty and Article 3(1) of Regulation                 services (1), the Grand Duchy of Luxembourg has failed to
     (EEC) No 2408/92 (1);                                                      fulfil its obligations under that directive;
2. Order the Italian Republic to pay the costs.                            2. Order the Grand Duchy of Luxembourg to pay the costs.
Pleas in law and main arguments                                            Pleas in law and main arguments
The Commission submits that the distinction made by the                    The two complaints which are the subject of this application
Italian legislation between flights between Italy and other                relate to the individual licences mentioned in Section III of
Member States and domestic Italian flights, resulting in                   Directive 97/13/EC.
different airport taxes, is incompatible with the principle of
freedom to provide services enshrined in Article 59 of the EC
Treaty (now, after amendment, Article 49 EC) and Article 62                — By failing to publish, as provided for by Article 7(2)(e) of
of the EC Treaty (repealed by the Treaty of Amsterdam) and                      the Law of 21 March 1997 on telecommunications, the
the provisions of Regulation No 2408/92 as well as with the                     conditions specified for the establishment and operation
right to move freely within the territory of the Member States                  of a radio paging service, the Grand Duchy of Luxembourg
conferred on the citizens of the Union by Article 8a of the EC                  has failed to fulfil its obligation under Article 8(3) of the
Treaty (now, after amendment, Article 18 EC).                                   directive;
In the Commission’s view, the differentiation of the airport tax           — By failing to provide that an applicant must be informed,
measure offers the certain prospect of a specific advantage to                  within a period of six weeks, of the decision taken on his
the Italian home market and to national air carriers.                           licence application, the Grand Duchy of Luxembourg has
                                                                                failed to fulfil its obligation under Article 9(2) of the
                                                                                directive.
(1) Council Regulation (EEC) No 2408/92 of 23 July 1992 on
    access for Community air carriers to intra-Community air routes
    (OJ 1992 L 240, p. 1).                                                 (1) OJ L 117 of 17.5.1997, p. 15.