Keywords
Summary

Keywords

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Transport - Road transport - Special regular services by coach and bus between Member States - Examination of applications to introduce a service - Factors to be taken into consideration - Commission' s power of appraisal - Judicial review

(Regulation No 517/72 of the Council, Arts 8 and 14)

Summary

The examination pursuant to Article 8 of Regulation No 517/72 of an application to introduce a special regular service by coach and bus between Member States involves the analysis of a complex economic situation. Account has therefore to be taken, both as to quality and as to quantity, of existing services, current and foreseeable transport needs and, in appropriate cases, the possibilities for undertakings already operating in the areas concerned to organize an equivalent service.

It follows that when the Commission has to adopt a decision under Article 14 of Regulation No 517/72 it enjoys a wide margin of appraisal in deciding whether conditions exist which justify the authorization granted to a Member State to allow the introduction of a special regular service. Given such a power of appraisal, the Court must restrict itself to examining whether its exercise was vitiated by a manifest error or a misuse of power or whether the Commission clearly exceeded the limits of that power.