Commission of the European Communities v Grand Duchy of Luxemburg (C-473/93)

Judgment of 2 Jul 1996

law://eu/cjeu/1993/c-473-93/para_40@2026-11-13

40In that regard, the Court observes that it is settled case-law that, whilst the first paragraph of Article 234 of the Treaty allows Member States to honour obligations owed to non-Member States under international agreements preceding the Treaty, it does not authorize them to exercise rights under such agreements in intra-Community relations (see, in particular, the judgment in Case 10/61 Commission v Italy [1962] ECR 1 and the judgment in Case C-158/91 Levy [1993] ECR I-4287, paragraph 12. Even if Article 13 of the European Convention on Establishment must be given a broader interpretation than Article 48(4) of the Treaty, the Grand Duchy of Luxembourg cannot therefore rely on the former provision in order to escape its Community obligations.

Commission of the European Communities v Grand Duchy of Luxemburg (C-473/93)

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