Inland_Waterway_case - 61976V0001 Opinion of the Court of...

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61976V0001 Opinion of the Court of 26 April 1977. Opinion given purusant to Article 228 (1) of the EEC Treaty. 'Draft Agreement establishing a European laying-up fund for inland waterway vessels'. Opinion 1/76. European Court reports 1977 Page 00741 Greek special edition 1977 Page 00211 Portuguese special edition 1977 Page 00253 Spanish special edition 1977 Page 00181 Swedish special edition III Page 00345 Finnish special edition III Page 00357 1. INTERNATIONAL AGREEMENTS - CONCLUSION THEREOF BY THE COMMUNITY - AUTHORITY (EEC TREATY, ARTICLE 210) 2. INTERNATIONAL AGREEMENTS - AGREEMENT ON NAVIGATION ON THE RHINE - CONCLUSION THEREOF BY THE COMMUNITY - PARTICIPATION OF MEMBER STATES IN THE CONCLUSION THEREOF - JUSTIFICATION FOR AND LIMITS THEREOF (EEC TREATY, SECOND PARAGRAPH OF ARTICLE 234; REVISED CONVENTION OF MANNHEIM FOR THE NAVIGATION OF THE RHINE OF 17 OCTOBER 1868 AND CONVENTION OF LUXEMBOURG OF 27 OCTOBER 1956 ON THE CANALIZATION OF THE MOSELLE) 3. INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED WITH THE PARTICIPATION OF THE MEMBER STATES - EFFECT OF AGREEMENTS BY VIRTUE OF THE CONCLUSION THEREOF BY THE COMMUNITY (EEC TREATY, ARTICLE 228 (2)) 4. COMMON POLICY - TRANSPORT - INLAND NAVIGATION - ATTAINMENT THEREOF - AGREEMENT WITH THIRD COUNTRIES - PUBLIC INTERNATIONAL ORGANISM - EUROPEAN LAYING-UP FUND FOR INLAND WATERWAY VESSELS - ESTABLISHMENT THEREOF WITH THE PARTICIPATION OF THE COMMUNITY - GRANT OF POWERS OF DECISION - LEGALITY (EEC TREATY, ARTICLES 74 AND 75) 5. EUROPEAN LAYING-UP FUND FOR INLAND WATERWAY VESSELS - STRUCTURE OF THE ORGANS THEREOF - ROLE OF THE INSTITUTIONS OF THE COMMUNITY AND THE MEMBER STATES VIS-A-VIS ONE ANOTHER - DECISION- MAKING PROCEDURE - ALTERATION OF THE STRUCTURE OF THE COMMUNITY AND OF THE COMMUNITY DECISION-MAKING PROCEDURE - ADVERSE AFFECT ON THE REQUIREMENTS OF UNITY AND SOLIDARITY - INCOMPATIBILITY WITH THE TREATY (EEC TREATY, PREAMBLE, PARAGRAPH 2; ARTICLES 3 AND 4) 6. EUROPEAN LAYING-UP FUND FOR INLAND WATERWAY VESSELS - DIRECT APPLICABILITY OF MEASURES ADOPTED - ONLY EXECUTIVE POWERS - (QUESTION NOT SETTLED) 7. EUROPEAN LAYING-UP FUND FOR INLAND WATERWAY VESSELS - PROVISIONS CONCERNING JURISDICTION - FUND TRIBUNAL - POSSIBLE
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CONFLICT OF JURISDICTION WITH THE JURISDICTION OF THE COURT OF JUSTICE - IMPOSSIBLE FOR THE JUDGES OF THE COURT TO SERVE ON THE FUND TRIBUNAL (EEC TREATY, ARTICLE 177) 1. WHENEVER COMMUNITY LAW HAS CREATED FOR THE INSTITUTIONS OF THE COMMUNITY POWERS WITHIN ITS INTERNAL SYSTEM FOR THE PURPOSE OF ATTAINING A SPECIFIC OBJECTIVE, THE COMMUNITY HAS AUTHORITY TO ENTER INTO THE INTERNATIONAL COMMITMENTS NECESSARY FOR THE ATTAINMENT OF THAT OBJECTIVE EVEN IN THE ABSENCE OF AN EXPRESS PROVISION IN THAT CONNEXION. THIS IS PARTICULARLY SO IN ALL CASES IN WHICH INTERNAL POWER HAS ALREADY BEEN USED IN ORDER TO ADOPT MEASURES WHICH COME WITHIN THE ATTAINMENT OF COMMON POLICIES. IT IS, HOWEVER, NOT LIMITED TO THAT EVENTUALITY. ALTHOUGH THE INTERNAL COMMUNITY MEASURES ARE ONLY ADOPTED WHEN THE INTERNATIONAL
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Inland_Waterway_case - 61976V0001 Opinion of the Court of...

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