This document is an excerpt from the EUR-Lex website
Document C2007/096/09
Case C-523/04: Judgment of the Court (Grand Chamber) of 24 April 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Conclusion by a Member State of a bilateral air transport agreement with the United States of America — Right of establishment — Secondary law governing the internal market in air transport — External competence of the Community)
Case C-523/04: Judgment of the Court (Grand Chamber) of 24 April 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Conclusion by a Member State of a bilateral air transport agreement with the United States of America — Right of establishment — Secondary law governing the internal market in air transport — External competence of the Community)
Case C-523/04: Judgment of the Court (Grand Chamber) of 24 April 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Conclusion by a Member State of a bilateral air transport agreement with the United States of America — Right of establishment — Secondary law governing the internal market in air transport — External competence of the Community)
OJ C 96, 28.4.2007, p. 6–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)
28.4.2007 |
EN |
Official Journal of the European Union |
C 96/6 |
Judgment of the Court (Grand Chamber) of 24 April 2007 — Commission of the European Communities v Kingdom of the Netherlands
(Case C-523/04) (1)
(Failure by a Member State to fulfil its obligations - Conclusion by a Member State of a bilateral air transport agreement with the United States of America - Right of establishment - Secondary law governing the internal market in air transport - External competence of the Community)
(2007/C 96/09)
Language of the case: Dutch
Parties
Applicant: Commission of the European Communities (represented by: M. Huttunen and W. Wils, Agents)
Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster and M. de Grave, Agents)
Intervener in support of the defendant: French Republic (represented by: G. de Bergues and A. Hare, Agents)
Re:
Failure of a Member State to fulfil its obligations — Infringement of Articles 5 and 52 of the EC Treaty (now Articles 10 and 43 EC) — Infringement of Council Regulations (EEC) Nos 2409/92 of 23 July 1992 on fares and rates for air services (OJ 1992 L 240, p. 15) and 2299/89 of 24 July 1989 on a code of conduct for computerised reservation systems (OJ 1989 L 220, p. 1), as amended by Council Regulation (EEC) No 3089/93 of 29 October 1993 (OJ 1993 L 278, p. 1) — ‘Open sky ’bilateral agreement with the US — Review — Restrictions on freedom to provide services
Operative part of the judgment
The Court:
1. |
By contracting or maintaining in force, despite the renegotiation of the Air Transport Agreement concluded between the Kingdom of the Netherlands and the United States of America on 3 April 1957, international commitments towards the United States of America:
the Kingdom of the Netherlands has failed to fulfil its obligations under Article 5 of the EC Treaty (now Article 10 EC), Article 52 of the EC Treaty (now, after amendment, Article 43 EC), and under Council Regulations (EEC) Nos 2409/92 of 23 July 1992 on fares and rates for air services and 2299/89 of 24 July 1989 on a code of conduct for computerised reservation systems. |
2. |
The Kingdom of the Netherlands is ordered to pay the costs. |
3. |
The French Republic is ordered to bear its own costs. |