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Document 62001CJ0211
Judgment of the Court (Fifth Chamber) of 11 September 2003. # Commission of the European Communities v Council of the European Union. # EC/Bulgaria and EC/Hungary Agreements - Carriage of goods by road and combined transport - Taxation - Legal basis - Articles 71 EC and 93 EC. # Case C-211/01.
Judgment of the Court (Fifth Chamber) of 11 September 2003.
Commission of the European Communities v Council of the European Union.
EC/Bulgaria and EC/Hungary Agreements - Carriage of goods by road and combined transport - Taxation - Legal basis - Articles 71 EC and 93 EC.
Case C-211/01.
Judgment of the Court (Fifth Chamber) of 11 September 2003.
Commission of the European Communities v Council of the European Union.
EC/Bulgaria and EC/Hungary Agreements - Carriage of goods by road and combined transport - Taxation - Legal basis - Articles 71 EC and 93 EC.
Case C-211/01.
Thuarascálacha na Cúirte Eorpaí 2003 I-08913
ECLI identifier: ECLI:EU:C:2003:452
«(EC/Bulgaria and EC/Hungary Agreements – Carriage of goods by road and combined transport – Taxation – Legal basis – Articles 71 EC and 93 EC)»
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(Arts 71, 93 and 300(3) EC;EC/Bulgaria agreement; EC/Hungary Agreement)
(Art. 231, second para., EC; Council Decisions 2001/265 and 2001/266)
JUDGMENT OF THE COURT (Fifth Chamber)
11 September 2003 (1)
((EC/Bulgaria and EC/Hungary Agreements – Carriage of goods by road and combined transport – Taxation – Legal basis – Articles 71 EC and 93 EC))
In Case C-211/01, Commission of the European Communities, represented initially by M. Wolfcarius and, subsequently, by W. Wils, acting as Agents, with an address for service in Luxembourg,applicant,
v
Council of the European Union, represented by A. Lopes Sabino and E. Karlsson, acting as Agents,defendant,
supported byFederal Republic of Germany, represented by W.-D. Plessing and M. Lumma, acting as Agents,and byGrand Duchy of Luxembourg, represented by J. Faltz and N. Mackel, acting as Agents,interveners,
APPLICATION for the annulment of Council Decisions 2001/265/EC of 19 March 2001 concerning the conclusion of the agreement between the European Community and the Republic of Bulgaria establishing certain conditions for the carriage of goods by road and the promotion of combined transport (OJ 2001 L 108, p. 4), and 2001/266/EC of 19 March 2001 concerning the conclusion of the agreement between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of combined transport (OJ 2001 L 108, p. 27), but only in so far as they are based on Article 93 EC and without altering their effects, which should be maintained,THE COURT (Fifth Chamber),,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 5 February 2003, at which the Commission was represented by W. Wils and the Council by A. Lopes Sabino,after hearing the Opinion of the Advocate General at the sitting on 13 March 2003,
gives the following
On those grounds,
THE COURT (Fifth Chamber)
hereby:
Wathelet |
Timmermans |
Edward |
La Pergola |
von Bahr |
|
R. Grass |
M. Wathelet |
Registrar |
President of the Fifth Chamber |