Comisión de las Comunidades Europeas contra República Helénica.

• Jurisdiction: European Union
• Celex Number: 61996CJ0062
• ECLI: ECLI:EU:C:1997:565
• Docket Number: C-62/96
• Date: 27 November 1997
• Procedure Type: Recurso por incumplimiento – fundado
• Court: Court of Justice (European Union)

Avis juridique important

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61996J0062

Judgment of the Court (Fifth Chamber) of 27 November 1997. - Commission of the European Communities v Hellenic Republic. - Failure of a Member State to fulfil its obligations - Registration of vessels - Nationality requirement for the owner. - Case C-62/96.

European Court reports 1997 Page I-06725

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Freedom of movement for persons - Freedom of establishment - Registration of vessels in a Member State - Condition relating to the nationality of owners - Not permissible - Maintenance in force of national legislation incompatible with Community law - Failure to fulfil obligations

(EC Treaty, Arts. 6, 48, 52, 58 and 221; Regulation No 1251/70 of the Commission, Art. 7; Council Directive 75/34, Art. 7)

Summary

A Member State which maintains in force legislative provisions restricting the right to registration of fishing or commercial vessels, or pleasure craft in the national registers to vessels:

-more than half the shares in which are owned by nationals of the Member State in question,

-owned by legal persons, more than half of whose capital is held by nationals of that Member State

has failed to fulfil its obligations under Community law.

Neither the rules of the international law of the sea, nor the existence of a Community fisheries policy, notwithstanding its system of national quotas and access to waters and the existence of reserved national zones, nor the grant to a Member State of a temporary exemption for certain maritime transport services from the principle of freedom to provide services, nor yet, given the right of a State to requisition ships flying its flag, the organization of its military defence, render such legislation compatible with Community law.

Parties

In Case C-62/96,

Commission of the European Communities, represented by Frank Benyon, Legal Adviser, and Maria Condou Durande, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, also of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Hellenic Republic, represented by Aikaterini Samoni-Randou, Special Deputy Legal Adviser in the Special Department for Community Legal Affairs, Ministry of Foreign Affairs, assisted by Evi Skandalou, Principal Legal Assistant in the same department, and Stamatina Vodina, Special Scientific Assistant in the same department, acting as Agents, with an address for service in Luxembourg at the Greek Embassy, 117 Val Sainte-Croix,

defendant,

APPLICATION for a declaration that, by maintaining in force legislative provisions which restrict the right to registration in the Greek shipping registers to vessels more than half the shares in which are owned by Greek nationals or owned by Greek legal persons more than half of whose capital is held by Greek nationals, the Hellenic Republic has failed to fulfil its obligations under Articles 6, 48, 52, 58 and 221 of the EC Treaty, Article 7 of Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (OJ, English Special Edition 1970 (II), p. 402) and Article 7 of Council Directive 75/34/EEC of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity (OJ 1975 L 14, p. 10),

THE COURT

(Fifth Chamber),

composed of: M. Wathelet, President of the First Chamber, acting as President of the Fifth Chamber, J.C. Moitinho de Almeida, D.A.O. Edward, P. Jann (Rapporteur) and L. Sevón, Judges,

Advocate General: G. Tesauro,

Registrar: H.A. Rühl, Principal Administrator,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 1 July 1997,

after hearing the Opinion of the Advocate General at the sitting on 25 September 1997,

gives the following

Judgment

Grounds

1 By application lodged at the Court Registry on 6 March 1996, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by maintaining in force legislative provisions which restrict the right to registration in the Greek shipping registers to vessels more than half the shares in which are owned by Greek nationals or owned by Greek legal persons more than half of whose capital is held by Greek nationals, the Hellenic Republic has failed to fulfil its obligations under Articles 6, 48, 52, 58 and 221 of the EC Treaty, Article 7 of Regulation...