«(EC/Bulgaria and EC/Hungary Agreements – Carriage of goods by road and combined transport – Taxation – Legal basis – Articles 71 EC and 93 EC)»

1.. Acts of the institutions – Choice of legal basis – Criteria – Community measure pursuing a twofold purpose or having a twofold component – Reference to the main or predominant purpose or component – Inseparable purposes – Joint legal basis

2.. International agreements – Conclusion – EC/Bulgaria Agreement and EC/Hungary Agreement on the carriage of goods by road and combined transport – Agreements falling principally under transport policy – Predominating over harmonisation of fiscal laws – Legal basis – Article 71 EC in conjunction with Article 300(3) EC – Conclusion on the basis of Article 93 EC – Unlawfulness (Arts 71, 93 and 300(3) EC; EC/Bulgaria agreement; EC/Hungary Agreement)

3.. Actions for annulment – Judgment annulling a measure – Effects – Limitation by the Court – Case of a decision concerning the conclusion of an international agreement (Art. 231, second para., EC; Council Decisions 2001/265 and 2001/266)

JUDGMENT OF THE COURT (Fifth Chamber) 11 September 2003 (1)

((EC/Bulgaria and EC/Hungary Agreements – Carriage of goods by road and combined transport – Taxation – Legal basis – Articles 71 EC and 93 EC))

In Case C-211/01,

applicant,

v

defendant, supported by

interveners,

APPLICATION for the annulment of Council Decisions 2001/265/EC of 19 March 2001 concerning the conclusion of the agreement between the European Community and the Republic of Bulgaria establishing certain conditions for the carriage of goods by road and the promotion of combined transport (OJ 2001 L 108, p. 4), and 2001/266/EC of 19 March 2001 concerning the conclusion of the agreement between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of combined transport (OJ 2001 L 108, p. 27), but only in so far as they are based on Article 93 EC and without altering their effects, which should be maintained,

THE COURT (Fifth Chamber),,

composed of: M. Wathelet (Rapporteur), President of the Chamber, C.W.A. Timmermans, D.A.O. Edward, A. La Pergola and S. von Bahr, Judges,

Advocate General: S. Alber,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 5 February 2003, at which the Commission was represented by W. Wils and the Council by A. Lopes Sabino,

after hearing the Opinion of the Advocate General at the sitting on 13 March 2003,

gives the following

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT (Fifth Chamber)

hereby:

Wathelet

Timmermans

Edward

La Pergola

von Bahr

Delivered in open court in Luxembourg on 11 September 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber