CEDR
MEMBER AREA

Much of the impetus for the consolidated approach by European NRAs can be traced to the key 1985 ECJ ruling on the European Parliament v Council, represented by the Netherlands (Case 13/83, judgment of 22 May 1985). (EUR-Lex)

The Court

  • Confirmed the Parliament could sue the Council for “failure to act” in transport policy. This strengthened the justiciability of EU transport obligations (today reflected in Article 265 TFEU). (EUR-Lex)
  • Found that the Council had Treaty obligations to progress the common transport policy (under the then EEC Treaty provisions on transport)  (EUR-Lex)
  • It helped normalise the idea that the EU can enforce institutional and policy delivery obligations in transport—setting the stage for the later Treaty-level “hard” competence on Trans-European Networks, now Articles 170–172 TFEU, which empower EU guidelines, interoperability aims, and EU financial support for projects of common interest. (Mobility and Transport)

Following the ECJ ruling, Italy took the initiative to propose a grouping of the European road directors to discuss greater cooperation.   Eventually in 1988, it was agreed to host a first meeting of what became the Western European Road Directors (WERD) – formed around the then members of the EEC.   Through WERD. The NRAs then engaged in detailed discussions with the European Commission on the development of aspects of the Trans-European Road Network (TERN) which became part of the TEN-T.  With then gradual expansion of the European Union, membership of WERD expanded until in 2003, it was decided to rename the organisation with a permanent secretariat in Paris under the name CEDR.