Opinion of the Advocate General — ECLI:EU:C:2001:464
Date: 2001-09-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Transport
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 
Transport — Maritime transport — Freedom to provide services — Restrictions — 
National rule requiring payment of a tariff by sea-going vessels longer than 41 metres 
only — Whether permissible — Conditions 
(EC Treaty, Arts 56 and 59 (now, after amendment. Arts 46 EC and 49 EC); Council 
Regulation No 4055/86) 
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SUMMARY — JOINED CASES C-430/99 AND C-431/99 
As regards situations falling within the 
scope of Regulation No 4055/86 applying 
the principle of freedom to provide services 
to maritime transport between Member 
States and between Member States and 
third countries, that regulation, in conjunc­
tion with Articles 56 and 59 of the EC 
Treaty (now, after amendment, Articles 46 
EC and 49 EC), does not preclude a vessel 
traffic services system provided for under 
national law which requires the payment of 
a tariff by sea-going vessels longer than 41 
metres which participate in that system on 
a mandatory basis, while other vessels, such 
as inland waterway vessels, are exempt 
from that tariff, in so far as there is in fact a 
correlation between the amount of that 
tariff and the cost of the service from which 
those sea-going vessels benefit. 
(see para. 44, operative part) 
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