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Document 61985CJ0272

Summary of the Judgment

Keywords
Summary

Keywords

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COMPETITION - TRANSPORT - TRANSPORT ON INLAND WATERWAYS - INTER-ASSOCIATION AGREEMENT IN A MEMBER STATE IMPOSING A LEVY ON EXPORT TRAFFIC ONLY - PROCEEDS USED FOR THE PROMOTION OF ALL INLAND WATERWAY TRANSPORT - LIMITED ACCESS OF BOATMEN FROM OTHER MEMBER STATES TO INLAND TRAFFIC - DISCRIMINATION

( COUNCIL REGULATION NO 1017/68 )

Summary

AN INTER-ASSOCIATION AGREEMENT IN A MEMBER STATE IMPOSING A LEVY OF 10% ON FREIGHTS FOR EXPORT TRAFFIC ON INLAND WATERWAYS, WHETHER CARGOES ARE CARRIED BY BOATMEN WHO ARE NATIONALS OF THAT STATE OR BY BOATMEN FROM OTHER MEMBER STATES, THE PROCEEDS OF WHICH ARE TO BE USED FOR THE PROMOTION OF BOTH DOMESTIC AND EXPORT TRAFFIC, IS DISCRIMINATORY AND ANTI-COMPETITIVE IN RELATION TO BOATMEN FROM OTHER MEMBER STATES IN SO FAR AS THEIR ACCESS TO DOMESTIC TRAFFIC IS VERY LIMITED AND THEY THEREFORE CANNOT DERIVE FROM THE INTENDED PROMOTION BENEFITS CORRESPONDING TO THEIR FINANCIAL CONTRIBUTION .

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