Keywords
Summary

Keywords

1 Preliminary rulings - Reference to the Court - Determination of the questions to be put - Exclusive competence of the national court - Additional questions raised during the proceedings by the parties to the main action - Obligation of the Court to abide by the questions as stated in the order for reference

(EC Treaty, Art. 177)

2 Transport - Action by the Member States concerning public service obligations - Regulation No 1191/69 - Request for termination of a public service obligation where there are economic disadvantages - Entitlement of the Member States to reject such a request - Condition - Need to ensure adequate transport services - Concept

(Council Regulation No 1191/69, as amended by Regulation No 1893/91, Arts 1(3), 3 and 4)

Summary

1 Since under Article 177 of the Treaty it is for the national court, not the parties to the main action, to bring a matter before the Court of Justice, the right to determine the questions to be put to the Court devolves upon the national court alone and the parties may not change their tenor. To answer any additional questions mentioned by the parties to the main proceedings in their observations would moreover be incompatible with the Court's function under that article and with its duty to ensure that the Governments of the Member States and the parties concerned are given the opportunity to submit observations under Article 20 of the Statute of the Court of Justice, bearing in mind that under that provision only the order of the referring court is notified to the interested parties.

2 Regulation No 1191/69 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway, as amended by Regulation No 1893/91, in particular Articles 1(3) and 4 thereof, must 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 involves economic disadvantages for it.

However, the only ground for refusing such an application is the need to ensure adequate transport services. That concept is to be assessed, in accordance with Article 3 of Regulation 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 to the community.