CELEX: 62007CJ0089
Failure of a Member State to fulfil obligations
Posts in the public service
Posts of master (captain) and officer (chief mate) on board all ships flying the flag of a Member State
Nationality requirement

Failure of a Member State to fulfil obligations – Article 39(4) EC – Freedom of movement for workers – Exercise of public
power – Requirement of French nationality for the pursuit of employment as master (captain) and officer (chief mate) on all
vessels flying the French flag – Incompatible with Community law.
Operative part
The Court:
1.
Declares that, by maintaining in its legislation a requirement of French nationality for access to the posts of master (captain)
and officer (chief mate) on all vessels flying the French flag, the French Republic has failed to fulfil its obligations under
Article 39 EC;
2.
Orders the French Republic to pay the costs.