Keywords
Summary

Keywords

1. Actions for failure to fulfil obligations - Commission's right of action - Discretion - Judicial review - Limits

(EC Treaty, Art. 169 (now Art. 226 EC))

2. Transport - Air transport - Freedom to provide services - Restrictions - National rules providing for different rates of airport tax for national and intra-Community flights - Not permissible

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC); Council Regulation No 2408/92, Art. 3(1))

Summary

1. Notwithstanding its other powers under the Treaty to ensure that Member States comply with Community law, the Commission enjoys a discretion in deciding whether or not to commence an action for failure to fulfil obligations. It is not required to justify its decision, nor will the admissibility of the action be dependent upon the circumstances dictating its choice. The Court of Justice need only ensure that the procedure adopted may, in principle, be employed with regard to the alleged infringement.

( see para. 17 )

2. National rules which provide for a higher passenger service tax for intra-Community flights than that applicable to domestic flights and for a higher security tax for intra-Community flights than that applicable to certain domestic flights must be regarded as constituting a restriction on the freedom to provide services prohibited under the combined provisions of Articles 59 of the Treaty (now, after amendment, Article 49 EC) and 3(1) of Regulation No 2408/92 on access for Community air carriers to intra-Community air routes, the purpose of which is to define the conditions for applying the principle of freedom to provide services in the air transport sector. Article 59 of the Treaty precludes, in particular, in the perspective of the single market, the application of any national legislation which has the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State.

( see paras 22, 27, 38 )