Keywords
Summary

Keywords

1 Transport - Inland waterway transport - Structural improvements - Contribution to the Scrapping Fund - Commission decision rejecting an application for exemption - Decision not contested by its addressee under the fourth paragraph of Article 173 of the Treaty - Validity of the decision then contested before the national court in proceedings challenging the national measures implementing it - Challenge to be rejected by the national court

(EC Treaty, Art. 173, fourth para.; Council Regulation No 1101/89, Art. 8(3)(c))

2 Preliminary rulings - Reference to the Court - Questions designed to enable the national court to rule on the validity of a Commission decision adopted for the purpose of implementing a regulation - Whether the Court can construe the questions as relating to the interpretation of the regulation - No

(EC Treaty, Art. 177; EC Statute of the Court of Justice, Art. 20)

Summary

3 Where a Commission decision has been addressed to the owner of a vessel, finding that his vessel is not a specialized vessel, within the meaning of Article 8(3)(c) of Regulation No 1101/89 on structural improvements in inland waterway transport, qualifying for exemption from the special contribution to the Scrapping Fund, and where the owner, having failed to apply within the prescribed time-limit for annulment of that decision under the fourth paragraph of Article 173 of the Treaty, brings an action before a national court challenging the implementation of the Commission's decision by the national authorities on the ground that it is unlawful, that decision is binding on the national court. To find otherwise would enable the addressee of the decision to circumvent the definitive nature which that decision necessarily assumes upon expiry of the time-limit for bringing proceedings, the very purpose of which is to ensure legal certainty by preventing Community measures which produce legal effects from being called in question indefinitely.

4 Where a national court refers for a preliminary ruling questions relating exclusively, either directly or indirectly, to the validity of a Commission decision which is binding on that court, those questions cannot be construed as concerning the definition of the scope of the regulation on which the Commission based its decision. To alter the substance of the questions referred by the national court would be incompatible with the Court's function under Article 177 of the Treaty and with its duty to ensure that the Governments of the Member States and the parties concerned are given the opportunity to submit observations, having regard to the fact that, under Article 20 of the EC Statute of the Court of Justice, only the order of the referring court is notified to the parties concerned.