Abstract
The European Court of Justice condemned the EC-Council (of transport ministers) in an unprecedented process for inaction in the realisation of a common transport policy on 22nd May 1985. The Court confirmed the plaintiff’s (the European Parliament) statement of claim that the Council hadn’t met his obligation to enact a competition order, to provide freedom services in crossborder transportation and to regulate access to domestic transport markets. This contribution analyses the Court’s verdict within the context of the EC transport policy in the 1980s. This also sheds new light on the realisation of the EC internal market, especially regarding sectors like infrastructures which define fundamental conditions for market operations within the EC.
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