No L 244/32 Official Journal of the European Communities 19. 8. 82 COMMISSION DECISION of 10 August 1982 settling the dispute between the Grand Duchy of Luxembourg and the French Republic over the renewal of authorizations for certain special regular services (Only the French text is authentic) (82/595/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 ('), hereinafter referred to as ‘the Regulation’, and in particular Atticle 14 thereof, Whereas since 1970 the transport undertaking, Sarl Société des Anciens Etablissements Autocars Emile Frisch — registered address 5 rue Jules Fischer, Luxembourg — has provided transport services between the French border area and the Villeroy & Boch ceramics factory — registered address 330 rue de Rollingergrund — Luxembourg — for that part of the latter’s workforce living in the said border area; whereas two special regular services running daily from Mondays to Fridays started operating in 1970, to be joined by a third in 1974 ; whereas there has been a special regular weekly service on Saturdays since 1976 ; whereas an open-ended contract between Frisch and Villeroy & Boch for the carriage of the latter’s French workers was signed on 6 September 1974 ; whereas Villeroy & Boch subsidize part of the transport costs of those of its workers using the Frisch services; Whereas since 1976 the transport undertaking, Sarl Schiocchet — registered address 27 rue de Ludelange, Boulange (France) — has been running a regular (not special) service, part of whose route covers the same ground as the Frisch services; Whereas in accordance with the Regulation, transport authorizations to operate these services were granted to Frisch on 21 January 1977 ; whereas the said authori- zations were valid until 31 December 1978 ; - () O No'L 67, 20. 3. 1972, p. 19. Whereas on 22 November 1978 Frisch applied for the renewal of the authorizations; whereas Frisch again applied for renewal on 20 December 1979 ; Whereas in spite of the provisional issue of authoriza- tions valid from 24 October 1979 to 31 March 1980 the Member States concerned made no final decision on Frisch’s applications for renewal ; Whereas in spite of the absence of authorizations Frisch continued to operate the services between 1 January and 23 Octaber 1979 and from 1 April 1980 to the present; Whereas in view of France’s refusal to renew the authorizations, Luxembourg informed the Commission in order to obtain a decision on what course to take in respect of Frisch’s application for renewal ; Whereas Luxembourg considers that the authoriza- tions for the services operated by Frisch should be renewed chiefly because they meet the conditions laid down in Article 8 of the Regulation, because the ser- vices were operating before Schiocchet began running their services and because the infringement by Frisch does not justify refusing renewal of the authorizations ; Whereas France’s main reasons for rejecting the appli- cations for renewal were that the demand catered for by Frisch could have been met by the French company Schiocchet, that the routes of Frisch and Schiocchet overlapped, that competition had been distorted because Villeroy & Boch subsidized the trans- port costs of those of its workforce using the services provided by Frisch but not those provided by Schi- occhet and that, in adding five new pick-up points to ‘one of its services (hereinafter referred to as the ‘Audun service’) without authorization, Frisch was in breach of the rules; Whereas Frisch’s one weekly and three daily services were introduced in compliance with the rules and were not contested at the time ; whereas, moreover, on 21 January 1977 authorizations pursuant to the Regu- lation were obtained for each of the services with the explicit and unreserved agreement of both the States concerned ;