28. 1. 88 Official Journal of the European Communities No L 23/23 COMMISSION DECISION of 23 November 1987 settling a dispute between the Federal Republic of Germany and the Grand Duchy of Luxembourg about the authorization of a regular coach service (Only the German and French texts are authentic) (88/40/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 (%), hereinafter referred to as ‘the Regu- lation’, and in particular Article 14 thereof, Whereas the company Deutsche Touring GmbH Frank- -furt/Main, hereinafter referred to as ‘Touring’, has operated a regular coach service between Diisseldorf and Luxembourg since 1965 for passengers arriving at or leaving from Luxembourg airport; whereas, after the Regulation had entered into force, this service was autho- rized by the relevant authorities of the Federal Republic of Germany and the Grand Duchy of Luxembourg as a special coach service for passengers holding a Luxavia air ticket ; whereas this authorization expired on 8 June 1986. Whereas this service was contracted out to the Luxembourg firm, Voyages Emile Weber S.a.r.l, Canach after talks between Touring and the Fédération luxem- bourgeoise des exploitants d’autobus et d’autocars ; Whereas, on 20 February 1986, Touring applied to the Minister for Urban Development, Housing and Transport of North Rhine-Westphalia for the authorization which expired on 8 June 1986 to be renewed ; whereas Touring received a provisional authorization until 7 September 1986 pursuant to Article 16a of the Regulation ; whereas, “however, on 14 August 1986, the local authorizing autho- rity in Disseldorf, in the person of the Regierungsprasi- dent, rejected the application for a renewal of the authori- zation ; : () OJ No L 67, 20. 3. 1972, p. 19. () OJ No L 158, 16. 6. 1978, p. 1. Whereas, on 1 December 1986, the Federal Minister of Transport asked the Luxembourg Minister of Transport to accept this decision by the German authorizing authority ; whereas, on 21 January 1987, the Luxembourg Minister of Transport rejected this request in a letter to the relevant Minister of North Rhine-Westphalia and asked for the decision by the authorizing authority in Diisseldorf to be reconsidered ; whereas, in a letter of 9 March 1987 to the Federal Minister of Transport, the Luxembourg Minister of Transport confirmed its position stressing that it placed great importance on the continuation -of this service; Whereas, on 11 March 1987, Emile Weber Sa.rl. itself applied to the Luxembourg Minister of Transport for an authorization for this service ; whereas it received a provi- sional three-month authorization’in March 1987 ; whereas this was extended before its expiry until 9 September 1987 ; Whereas the relevant Minister of North Rhine-Westphalia informed the Luxembourg Minister of Transport of its refusal to renew the authorization by letter of 22 May 1987; - Whereas, in view of the fact that the two governments were unable to reach agreement on a new authorization for the service, the Luxembourg Government referred the dispute to the Commission on 1 June 1987 pursuant to Article 14 of the Regulation requesting that the applica- tion made by Emile Weber S.a.rl. be approved; Whereas the German Government made a similar appli- cation to the Commission on 1 July 1987 requesting the Commission to settle the dispute and, if it gave a positive ruling, to grant the authorization to Touring; whereas Touring is willing to continue to contract the service out to Emile Weber S.axl. as it has done in the past; Whereas Touring confirmed its willingness to do so in a letter of 7 July 1987 to the Federal Minister of Transport ; Whereas the Member States concerned attended a meeting at the Commission in Brussels on 3 July 1987 to discuss these two applications ;