«(System of ecopoints for heavy goods vehicles transiting through Austria – Amendment by Regulation (EC) No 2012/2000 – Illegality)»

1.. Actions for annulment – Plea calling into question the conduct of an institution other than the defendant institution – Whether admissible – Procedural status of an institution implicated in that way – Mere option to intervene (Art. 230 EC)

2.. Accession of new Member States to the Communities – Protocols and annexes to acts of accession – Subject to the legal rules governing provisions of primary law

3.. Transport – Road transport – Special rules for the traffic of goods by road through Austria – System of ecopoints for heavy goods vehicles – Reduction in the number of ecopoints in the event of that the threshold for journeys is exceeded – Staggering of the reduction over several years – Invalid (Protocol No 9 to the 1994 Act of Accession, Art. 11(2)(c), and point 3 of Annex 5; Council Regulation No 2012/2000, Arts 1 and 2(1) and (4))

4.. Transport – Road transport – Special rules for the traffic of goods by road through Austria – System of ecopoints for heavy goods vehicles – Reduction in the number of ecopoints in the event of that the threshold for journeys is exceeded – Proportional distribution between the Member States according to their contribution to exceeding the threshold – Whether permissible (Protocol No 9 to the 1994 Act of Accession, Arts 11(6) and 16)

5.. Transport – Road transport – Special rules for the traffic of goods by road through Austria – System of ecopoints for heavy goods vehicles – Reduction in the number of ecopoints in the event that the threshold for journeys is exceeded – Method of calculation laid down by Regulation No 2012/2000 – Whether valid – Method of calculation based on the average use of ecopoints – Not permissible (Protocol No 9 to the 1994 Act of Accession, points 2 and 3 of Annex 5; Council Regulation No 2012/2000)

JUDGMENT OF THE COURT 11 September 2003 (1)

((System of ecopoints for heavy goods vehicles transiting through Austria – Amendment by Regulation (EC) No 2012/2000 – Illegality))

In Case C-445/00,

applicant,

v

defendant, supported by

interveners,

APPLICATION for annulment of Council Regulation (EC) No 2012/2000 of 21 September 2000 amending Annex 4 to Protocol No 9 to the 1994 Act of Accession and Regulation (EC) No 3298/94 with regard to the system of ecopoints for heavy goods vehicles transiting through Austria (OJ 2000 L 241, p. 18),

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet and R. Schintgen (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues (Rapporteur), Judges,

Advocate General: J. Mischo,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 19 November 2002,

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

gives the following

...

The first plea: infringement of essential procedural requirements when the contested Regulation was adopted

Second plea: infringement of the Treaty or the Protocol in that the Commission's proposal was amended after it had been submitted to the Council

Third plea: failure to state reasons in the contested Regulation

First limb of the fourth plea and the sixth plea: spreading of the reduction in ecopoints over several years

The second limb of the fourth plea: distribution of ecopoints between the Member States

Fifth plea: infringement of legal provisions and failure to state adequate reasons when applying the method of calculation provided for in point 3 of Annex 5 to the Protocol

On those grounds,

THE COURT

hereby:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Gulmann

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Delivered in open court in Luxembourg on 11 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President