Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61991J0185
Název:
Title: 		JUDGMENT OF THE COURT OF 17 NOVEMBER 1993. BUNDESANSTALT FUER DEN GUETERFERNVERKEHR V GEBRUEDER REIFF GMBH & CO. KG. REFERENCE FOR A PRELIMINARY RULING: LANDGERICHT KOBLENZ - GERMANY. ROAD TRANSPORT - DETERMINATION OF TARIFFS - STATE RULES. CASE C-185/91.
Publikace:
Publication:		REPORTS OF CASES 1993 PAGES I-5801
Předmět (klíčová slova):
Keywords		TRANSPORT;COMPETITION;RULES APPLYING TO UNDERTAKINGS;
Související předpisy:
Corresponding acts:		157E003;157E005;157E085
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. ALTHOUGH ARTICLE 85 OF THE TREATY, IN ITSELF, RELATES ONLY TO THE CONDUCT OF UNDERTAKINGS AND DOES NOT COVER LEGISLATIVE MEASURES OR REGULATIONS ADOPTED BY MEMBER STATES, THE FACT NEVERTHELESS REMAINS THAT THAT ARTICLE, READ IN CONJUNCTION WITH ARTICLE 5 OF THE TREATY, REQUIRES THE MEMBER STATES NOT TO INTRODUCE OR MAINTAIN IN FORCE MEASURES, EVEN OF A LEGISLATIVE OR REGULATORY NATURE, WHICH MAY RENDER INEFFECTIVE THE COMPETITION RULES APPLICABLE TO UNDERTAKINGS. SUCH WOULD BE THE CASE WHERE A MEMBER STATE REQUIRED OR FAVOURED THE ADOPTION OF AGREEMENTS, DECISIONS OR CONCERTED PRACTICES CONTRARY TO ARTICLE 85 OR REINFORCED THEIR EFFECTS OR DEPRIVED ITS OWN LEGISLATION OF ITS OFFICIAL CHARACTER BY DELEGATING TO PRIVATE TRADERS RESPONSIBILITY FOR TAKING ECONOMIC DECISIONS AFFECTING THE ECONOMIC SPHERE.

2. THE FACT THAT THE MEMBERS OF A BODY RESPONSIBLE FOR FIXING PRICES ARE APPOINTED BY THE PUBLIC AUTHORITY, ON A PROPOSAL FROM THE TRADE ORGANIZATIONS DIRECTLY CONCERNED, DOES NOT EXCLUDE THE EXISTENCE OF AN AGREEMENT, DECISION OR CONCERTED PRACTICE WITHIN THE MEANING OF ARTICLE 85 OF THE TREATY WHEN THOSE PERSONS HAVE NEGOTIATED AND CONCLUDED AN AGREEMENT ON PRICES AS REPRESENTATIVES OF THE ORGANIZATIONS WHICH PROPOSED THEM.

3. ARTICLE 3(F), THE SECOND PARAGRAPH OF ARTICLE 5 AND ARTICLE 85 OF THE EEC TREATY DO NOT PRECLUDE RULES OF A MEMBER STATE WHICH PROVIDE THAT TARIFFS FOR THE LONG DISTANCE TRANSPORT OF GOODS BY ROAD ARE TO BE FIXED BY TARIFF BOARDS AND ARE TO BE MADE COMPULSORY FOR ALL ECONOMIC AGENTS, AFTER APPROVAL BY THE PUBLIC AUTHORITY, IF THE MEMBERS OF THOSE BOARDS, ALTHOUGH CHOSEN BY THE PUBLIC AUTHORITIES ON A PROPOSAL FROM THE RELEVANT TRADE SECTORS, ARE NOT REPRESENTATIVES OF THE LATTER CALLED ON TO NEGOTIATE AND CONCLUDE AN AGREEMENT ON PRICES BUT ARE INDEPENDENT EXPERTS CALLED ON TO FIX THE TARIFFS ON THE BASIS OF CONSIDERATIONS OF PUBLIC INTEREST AND IF THE PUBLIC AUTHORITIES DO NOT ABANDON THEIR PREROGATIVES BUT IN PARTICULAR ENSURE THAT THE BOARDS FIX THE TARIFFS BY REFERENCE TO CONSIDERATIONS OF PUBLIC INTEREST AND, IF NECESSARY, SUBSTITUTE THEIR DECISION FOR THAT OF THE BOARDS.

Plný text judikátu (Entire text of the Judgment):