CELEX: 62008CJ0094
Failure of a Member State to fulfil obligations
Posts of ship’s captain and chief mate
Nationality clause

Failure of a Member State to fulfil obligations – Infringement of Article 39 EC – Requirement of Spanish nationality for persons
occupying the posts of captain and chief mate on certain ships flying the Spanish flag – Incompatibility with Community law.
Operative part
The Court:
1.
Declares that in requiring in its legislation Spanish nationality for persons occupying the posts of ship’s captain and chief
mate of all vessels flying the Spanish flag other than merchant ships with a gross tonnage of less than 100 GT, which carry
cargo or fewer than 100 passengers and operate exclusively between ports or points situated in areas in which the Kingdom
of Spain has sovereignty, sovereign rights or jurisdiction, the Kingdom of Spain has failed to fulfil its obligations under
Community law and, in particular, under Article 39 EC;
2.
Orders the Kingdom of Spain to pay the costs.