1By applications lodged at the Court Registry on 5 May 1997, the Commission of the European Communities brought two actions under Article 169 of the EC Treaty for a declaration that by introducing and maintaining in force cargo-sharing arrangements, in the Agreement between the Belgo-Luxembourg Economic Union and Malaysia on maritime transport, which was approved by the Kingdom of Belgium both in its own name and on behalf of the Grand Duchy of Luxembourg and which entered into force after 1 January 1987, the Kingdom of Belgium (C-176/97) and the Grand Duchy of Luxembourg (C-177/97) have failed to fulfil their obligations under Article 5 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ 1986 L 378, p. 1, hereinafter ‘the Regulation’).
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