Keywords
Summary

Keywords

1 . TRANSPORT - AID TO TRANSPORT - GENERAL SYSTEM OF AID - APPLICATION

( EEC TREATY , ART . 77 AND ARTS . 92 TO 94 )

2 . PROCEDURE - OBJECTION OF ILLEGALITY - MEASURES WITH REGARD TO WHICH AN OBJECTION OF ILLEGALITY MAY BE PUT FORWARD

( EEC TREATY , ART . 184 )

3 . MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION UNDER THE TREATY - APPLICATIONS UNDER ARTICLES 93 AND 169 OF THE TREATY - PURPOSE THEREOF

( EEC TREATY , ART . 93 ( 2 ), SECOND SUBPARAGRAPH AND ARTS . 169 AND 170 )

Summary

1 . THE EFFECT OF THE APPLICATION OF ARTICLE 177 OF THE TREATY , WHICH ACKNOWLEDGES THAT AID TO TRANSPORT IS COMPATIBLE WITH THE TREATY ONLY IN WELL-DEFINED CASES WHICH DO NOT JEOPARDIZE THE GENERAL INTERESTS OF THE COMMUNITY , CANNOT BE TO EXEMPT AID TO TRANSPORT FROM THE GENERAL SYSTEM OF THE TREATY CONCERNING AID GRANTED BY THE STATES AND FROM THE CONTROLS AND PROCEDURES LAID DOWN THEREIN .

2 . THE OBJECTION OF ILLEGALITY PROVIDED FOR IN ARTICLE 184 OF THE TREATY IS LIMITED UNDER THAT PROVISION TO PROCEEDINGS ' ' IN WHICH A REGULATION OF THE COUNCIL OR OF THE COMMISSION IS IN ISSUE ' ' AND CAN IN NO CASE BE INVOKED BY A MEMBER STATE TO WHICH AN INDIVIDUAL DECISION HAS BEEN ADDRESSED .

3 . IT FOLLOWS FROM THE WORDING OF THE SECOND SUBPARAGRAPH OF ARTICLE 93 ( 2 ) OF THE TREATY , IN PARTICULAR FROM THE WORDS ' ' IN DEROGATION FROM THE PROVISIONS OF ARTICLES 169 AND 170 ' ' , THAT THE PURPOSE OF THE APPLICATION REFERRED TO THEREIN MAY ONLY BE A DECLARATION THAT THE MEMBER STATE CONCERNED HAS FAILED TO COMPLY WITH A COMMISSION DECISION COMPELLING IT TO ABOLISH OR ALTER AN AID WITHIN A SPECIFIC PERIOD , WHEREAS IN THE CASE OF ARTICLES 169 AND 170 THE APPLICATION IS DIRECTED AGAINST ANY FAILURE OF A MEMBER STATE TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .