No L 272/18 Official Journal of the Buropean‘Communities 21.9.-89 COMMISSION DECISION of 7 September 1989 on a dispute between Luxembourg and France on the establishment of a special regular passenger service between these two States (Only the French text is authentic) (89/524/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 517/72 of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States (), as last amended by Regulation - (EEC) No 1301/78 (3), hereinafter called ‘the Reguldtion’, and in particular Article 14 thereof, Whereas on 9 January 1986 Autocars Emile Frisch Sarl submitted to the Luxembourg government an application for authorization to introduce a special regular service to transport workers from:Thil and certain other places in that region of France to the Villeroy and Boch factory in Luxembourg, operating two services in each direction daily, departing from Thil at 4.20 a.m. and 12:20 p.m. and from Luxembourg at 2 p.m. and 10" p.m. respectively in order to take workers to and from that factory in time for shifts operating from 6 am. to 2 p.m. and 2 p.m. to 10 p-m.; whereas Villeroy and Boch supports the application by.Emile Frisch and would contribute to the transport costs of -these workers ; Whereas on 5§ March 1987 Frisch submitted a new application to iftroduce a special regular service which differed from the abovementioned one in that it would also take workers to the Arbed factory at- Dommeldange ; whereas Arbed would not contribute to the travel costs of these workers ; Whereas, in spite of long discussions between the Luxembourg and French authorities, no agreement could be reached on these requests for authorization by the authorities ; Whereas the Luxembourg Government referred the applications .to the Commission for a decision on 14 March 1988 in accordance with Article 14 of the Regulation ; Whereas - the French- Government and' the company Schiocchet oppose the applications for authorization on the grounds that the new service would be detrimental to existing regular passenger services in the area and, in () OJ No L 67, 20. 3. 1972, p. 19. () OJ No L 158, 16. 6. 1978, p. 1. particular, to regular services run by Schiocchet, since it could take passengers away from them and they are of general benefit to -the public; whereas they consider therefore that Schiocchet should: be able to participate in the service proposed -by:Frisch in order to be able to. obtain benefits to counterbalance any loss suffered from the introduction of the new service ; Whereas the French Government is of the opinion that, in any -event, should the proposed special regular service: provide transport for workers to the Arbed factory as well, it no longer remains a special regular service but rather becomes more akin to a regular service -sinee the definition of a special regular service in Regulation No 117/66/EEC () refers to a special regular service as serving ‘a place of work’ in the singular; Whereas the French Government is of the opinion that the applications for authorization submitted by Autocar Emile Frisch Sarl are inadmissible since the 1986 application refers to both- the introduction of a special regular service and also erroneously to the renewal of such a service and the French authorities did not receive a copy of the 1987 application from  the Luxembourg authorities ; ; Whereas the French: Government considers that the status quo established following-Commission Decision 82/595/EEC (%) also on the setting up by Emile Frisch sarl of certain special regular services to take French workers in the frontier region to the Villeroy and Boch factory in Luxembourg would. be disturbed if- the new service proposed by Frisch were to be allowed ; Whereas it can be considered that the special -regular service proposed by Autocars Emile Frisch Sarl to take workers to ‘the Villeroy -and Boch factory meets. the criteria laid down in Article 8-of the Regulation ; whereas - it fulfils a proven need for a new service both quantita- tively and qualitatively in the area since it will provide a service at convenient times for some 50 workers who at present do not have public transport to the Villeroy and Boch factory to arrive for and return from the 6 a.m. and 2 p.m. shifts; whereas the service will call at certain places with at present no public transport at that time ; () OJ No 147, 9. 8. 1966, p. 2688/66. () OJ No L 244, 19. 8. 1982, p. 32.