Avis juridique important

61992V0001

European Court reports 1992 Page I-02821 Swedish special edition Page I-00041 Finnish special edition Page I-00071

Summary

3. International agreements - Agreement creating the European Economic Area - Jurisdiction of the Court of Justice to interpret the provisions of the agreement - Permissibility

4. International agreements - Agreement creating the European Economic Area - Arbitration system - Permissibility

5. International agreements - Agreement creating the European Economic Area - Possibility for the courts in countries of the European Free Trade Association to ask the Court to interpret the Agreement - Permissibility in view of the binding effect of answers given by the Court

6. International agreements - Agreements concluded by the Community - Jurisdiction of the Community - Competition - Agreement on the sharing of the respective competences of the Contracting Parties in the field of competition - Permissibility

(EEC Treaty, Art. 85 et seq.)

However, according to the "procès-verbal agréé ad article 105", decisions taken by the Joint Committee under that article are not to affect the case-law of the Court of Justice. Consequently, the power which Article 105 of the Agreement creating the European Economic Area confers on the Joint Committee for the purposes of preserving the homogeneous interpretation of the agreement is compatible with the EEC Treaty only if that principle, which is an essential safeguard indispensable for the autonomy of the Community legal order, is laid down in a form binding on the Contracting Parties.

3. Article 111(3) of the Agreement creating the European Economic Area confers on the Court of Justice, in the event of disputes relating to the interpretation of provisions of the agreement that are substantively identical to the corresponding rules of Community law, jurisdiction to interpret the relevant rules. Although the powers conferred on the Court of Justice by the EEC Treaty may be modified pursuant only to the procedure provided for in Article 236 of the Treaty, an international agreement concluded by the Community may confer new powers on the Court, such as the power to interpret the provisions of such agreement, provided that in so doing it does not change the nature of the function of the Court as conceived in the EEC Treaty, namely that of a court whose decisions are binding. It is true that the aim of requesting a ruling from the Court of Justice pursuant to Article 111(3) of the agreement is not to entrust the Court with the settlement of the dispute, which continues to be the responsibility of the Joint Committee. Nevertheless, the interpretation to be given by the Court of Justice is binding, as is clear from the very wording of the agreement. It follows that, if the Court is called upon to give a ruling pursuant to Article 111(3) of the Agreement creating the European Economic Area, the Contracting Parties and the Joint Committee alike will be bound by the Court's interpretation of the rules at issue. Consequently, the jurisdiction conferred on the Court by that provision for the purposes of interpreting the provisions of the agreement at the request of the Contracting Parties is compatible with the EEC Treaty.

4. The settlement of disputes by arbitration, provided for in Article 111(4) of the Agreement creating the European Economic Area, is not liable adversely to affect the autonomy of the Community legal order, since under the very terms of that provision no question of interpretation of provisions of the agreement which are identical to provisions of Community law may be dealt with by such arbitration procedures.

5. Under Article 107 of the Agreement creating the European Economic Area, States belonging to the European Free Trade Association may authorize their courts to request the Court of Justice to decide on the interpretation of a provision of the agreement. In view of the fact that the wording of that provision ensures that the answers which the Court of Justice may be called upon to give will be binding, that mechanism respects the operation of the Court of Justice and satisfies the requirements of the sound functioning of the procedure for requests for preliminary rulings and is therefore compatible with Community law.

6. The Community's authority to enter into international agreements arises not only from an express attribution by the EEC Treaty, but also from other provisions of the Treaty and measures taken pursuant to those provisions by the Community institutions. Consequently, the Community is empowered, under the competition rules in the EEC Treaty and measures implementing those rules, to conclude international agreements in this field. That power necessarily implies that the Community may accept rules made by virtue of an agreement as to the sharing of the respective competences of the Contracting Parties in the field of competition, provided that those rules do not change the nature of the powers of the Community and of its institutions as conceived in the EEC Treaty.