CELEX: 62007CJ0447
Failure of a Member State to fulfil obligations
Article 39 EC
Employment in the public administration
Masters and chief officers of vessels
Allocation of State authority on board
Requirement to hold the nationality of the flag Member State

Failure of a Member State to fulfil obligations – Infringement of Article 39 EC – National legislation reserving the posts
of master and chief officer on all vessels flying the flag of that Member State to its nationals.
Operative part
The Court:
1.
Declares that, by maintaining in its legislation the requirement that masters and chief officers on all vessels flying the
Italian flag hold Italian nationality, the Italian Republic has failed to fulfil its obligations under Article 39 EC;
2.
Orders the Italian Republic to pay the costs.