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II. Transport

Published online by Cambridge University Press:  17 January 2008

Karl Newman  and
Rosa Greaves
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Extract

The arrival of Neil Kinnock, in January 1995, as the new Commissioner in charge of the transport portfolio, has led to particular emphasis on three objectives: improvement of the quality of the European transport system; integration of the transport policy into the single market; and negotiations with non-Community countries.1 During the last 18 months, the main legal developments continue to be concerned primarily with infrastructure, safety, negotiations with non-Community countries and improving the competitiveness of the industry by adopting liberalising measures and enforcing the EC competition rules.

Type
Current Developments: European Community Law
Information
International & Comparative Law Quarterly , Volume 45 , Issue 1 , January 1996 , pp. 219 - 225
Copyright
Copyright © British Institute of International and Comparative Law 1996

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References

1. COM(95)302. In June 1995 the Commission adopted a communication setting out an action programme for transport policy from 1995 to the year 2000.

2. (1994) O.J. C89/8.

3. Amended proposal COM(95)298 Final.

4. Council Directive 94/55 (1994) O.J. L319/7. A similar proposal for carriage by rail is under consideration.

5. (1994) O.J. C238/4 (amended proposal). See further COM(95)289 Final.

6. Council Directive 94/58 (1994) O.J. L319/28.

7. Council Directive 94/57 (1994) O.J. L319/20.

8. Council Reg.2978/94 (1994) O.J. L319/1.

9. Council Directive 95/21 (1995) O.J. L157/1.

10. Agence Europe No.6505. Wednesday 21 June 1995. See further COM(95)286 Final.

11. Agence Europe No.6511, Thursday 29 June 1995. Maritime equipment includes all fixed equipment and facilities on board vessels, from radar to navigation instruments.

12. COM(94)275 Final, (1994) O.J. C214/12. Member States will be obliged from July 1997 onwards to keep statistics of all ships calling at Community ports.

13. Council Directive 94/56 (1994) O.J. L319/14.

14. In spring 1995 letters were sent by the Commission to Belgium, Denmark, Luxembourg, Austria, Sweden and Finland with a view to initialing Art.169 proceedings.

15. Bulgaria, the Czech Republic, Slovakia, Poland, Hungary and Romania.

16. The negotiations with Switzerland had been delayed because of a Swiss/UK “open sky” agreement having been initialled.

17. The third package consisted of a number of liberalising legislative measures adopted in 1992, following earlier enactments in 1987 and 1990.

18. “The Transport of Goods by Road in the Heart of the Single European Market”, July 1994. It was recommended that the Commission should adopt measures to ensure road transport develops in a competitive framework without barriers or distortions. It is necessary to have identical conditions of access to the profession in a single market.

19. (1994) O.J. C309/4.

20. Case C-388/92 European Parliament v. Council [1994] E.C.R. I-6, 2067; Case C-21/94 European Parliament v. Council judgment delivered 5 July 1995, summarised (1995) O.J. C229/8.

21. (1992) O.J. L251/1.

22. (1993) O.J. L279/32.

23. (1991) O.J. L237/25 on the development of the Community's railways.

24. (1994) O.J. C24/2.

25. (1994) O.J. C24/6.

26. Council Directive 91/440; see supra n.23.

27. (1994) O.J. C134/6, amended proposal COM(95)271 Final.

28. (1968) O.J. L175/1 (on the application of the competition rules to transport). In 1995 a judgment of the Court of First Instance invalidated a 1992 Commission decision fining the International Union of Railways for infringement of the competition rules. The CFI ruled that the Commission had committed a legal error by basing its decision on Reg.17 and not on Reg.1017/68.

29. Commission Decision 94/894 (1994) O.J. L354/66. Appeals against the Decision are before the CFI in Cases T-79/95 SNCF v. Commission (1995) O.J. C1 19/28 and T-80/95 British Railways Board v. Commission (1995) O.J. C119/29.

30. Commission Decision 94/663 (1994) O.J. L259/20 (the European Night Services Decision).

31. Commission Decision 94/594 (1994) O.J. L224/28.

32. Commission Decision 94/210 (1994) O.J. L104/34, appealed to the CFI in Aug. 1994.

33. COM(95)317 Final.

34. Case C18/93 Corsica Ferries [1994] E.C.R. I-1783. The ECJ ruled that the application of different tariffs for identical piloting services was prohibited. Italy by approving the different tariff levels proposed by the Corporation of Pilot Services had induced the Corporation to abuse its dominant position, inter alia, by applying dissimilar conditions to equivalent transactions with its trading partners. This is prohibited by Arts.90(l) and 86 of the EC Treaty.

35. Commission Decision 94/980 (1994) O.J. L376/1. In July 1995 the ECJ confirmed an order of the President of the CFI earlier in the same year authorising the 15 members of the TAA to charge their rates until the handing down of the ruling, because if these rates were modified overnight it would risk causing serious and irreparable injury and would jeopardise the market's stability.

36. Commission Decisíon 94/985 (1994) O.J. L378/17.

37. Commission Reg.870/95 (1995) O.J. L89/7. For more particulars see Section F of “Competition”: infra Note III.

38. “Expanding Horizons—Civil Aviation in Europe, an Action Programme for the Future”.

39. COM(94)218 Final.

40. (1994) O.J. C309/2.

41. Agence Europe No.6517, Friday 7 July 1995.

42. Commission Decision 94/696 (1994) O.J. L273/22.

43. Commission Decisions 94/653 (1994) O.J. L254/73 (capital increase) and 94/662 (1994) O.J. L258/26 (subscription by CDC-parlicipation to bonds issued by Air France).

44. Commission Decision 94/666 (1994) O.J. L260/27.

45. Commission Decision 94/118 (1994) O.J. L54/30.

46. Case C-274/94 UK v. Commission (1994) O.J. C351/4, Case T-371/94 BA, SAS, etc. v. Commission (1994) O.J. C386/21 and Case T-394/94 BM v. Commission (1994) O.J. C392/14, all against the decision authorising the capital increase. Case T-358/94 Air France v. Commission (1994) O.J. C370/16 against the refusal to authorise subscription to bonds issued by Air France.

47. (1994) O.J. C350/5.

48. (1995) O.J. C142/7.

49. Commission Decisions 94/290 (1994) O.J. L127/22 and 95/259 (1995) O.J. L162/25 based on Council Reg.2408/92 (1992) O.J. L240/8.