Judgment — ECLI:EU:C:2009:774
Date: 2009-12-10
Language of the case: Greek
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Concepts: General;Employment in the public service
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Action brought on 21 October 2008 - Commission of the European Communities v Hellenic Republic (Case C-460/08) Language of the case: Greek Parties Applicant: Commission of the European Communities (represented by: G. Rozet and D. Triantafillou) Defendant: Hellenic Republic Form of order sought declare that, by retaining in its legislation the requirement of 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 of the EC Treaty; order the Hellenic Republic to pay the costs. Pleas in law and main arguments Justification on the basis of Article 39(4) is lacking since no public powers are in fact usually exercised by captains and chief mates. ____________