ECJ 1. Article 16 (1) of regulation no 517/72 must be interpreted as meaning that decisions on applications to introduce a regular service or a special regular service by coach or bus between member states, adopted after a procedure requiring the prior agreement of the member states concerned or, where appropriate, a decision of the commission or council, are to be regarded as national decisions taken by the competent authority of the member state on whose territory the headquarters of the applicant undertaking is situated.
2. National rules which provide for the publication of applications to introduce a regular or special regular service by coach or bus and allow interested parties to submit their observations within 30 days before a decision is taken on those applications satisfy the member states’ obligation under the second subparagraph of article 16 (2) of regulation no 517/72 to ensure that transport undertakings have the opportunity to make representations concerning their interests in respect of such decisions. That provision does not require competing undertakings to be given the opportunity to bring a subsequent appeal.
3. The expression ‘existing passenger transport services’ in article 8 (1) of regulation no 517/72 on the introduction of common rules for regular and special regular services by coach and bus between member states includes all types and modes of transport, in particular other regular bus services partly on a different route or using another method of crossing the sea and passenger transport by rail.
Citations:
C-88/86, R-517/72, [1987] EUECJ R-517/72
Links:
European, Transport
Updated: 21 June 2022; Ref: scu.215539
