CELEX: 62008CJ0460
Failure of a Member State to fulfil obligations
Article 39 EC
Employment in the public service
Captain and officer (chief mate) on vessels
Conferment of powers of public authority on board
Requirement that they be nationals of the Member State whose flag the vessels fly

Failure of a Member State to fulfil obligations – Infringement of Article 39 of the EC Treaty – National legislation which
reserves for Greek nationals access to the posts of captain and officer (chief mate) on all commercial and fishing vessels
flying the Greek flag.
Operative part
The Court:
1.
Declares that, by requiring in its legislation Greek nationality for access to the posts of captain and officer (chief mate)
on all vessels flying the Greek flag, the Hellenic Republic has failed to fulfil its obligations under Article 39 EC;
2.
Orders the Hellenic Republic to pay the costs.