Opinion of the Advocate General — ECLI:EU:C:1997:434
Date: 1997-09-25
Language of the case: Greek
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Free movement of workers;Anti-discrimination;Non-discrimination on grounds of nationality
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Summary of the Judgmen t 
Freedom of movement for persons — Freedom of establishment — Registration of vessels in a 
Member State — Condition reUting to the nationality of owners — Not permissible — Mainte­
nance in force of national legisUtion incompatible with Community law — Failure to fulfil obli­
gations 
(EC Treaty, Arts. 6, 48, 52, 58 and 221; Regulation No 1251/70 of the Commission, Art. 7; Coun­
cil Directive 75/34, Art. 7) 
A Member State which maintains in force 
legislative provisions restricting the right to 
registration of fishing or commercial vessels, 
or pleasure craft in the national registers to 
vessels: 
— more than half the shares in which are 
owned by nationals of the Member State 
in question, 
— owned by legal persons, more than half 
of whose capital is held by nationals of 
that Member State 
has failed to fulfil its obligations under Com­
munity law. 
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SUMMARY — CASE C-62/96 
Neither the rules of the international law of 
the sea, nor the existence of a Community 
fisheries policy, notwithstanding its system 
of national quotas and access to waters and 
the existence of reserved national zones, nor 
the grant to a Member State of a temporary 
exemption for certain maritime transport ser­
vices from the principle of freedom to pro­
vide services, nor yet, given the right of a 
State to requisition ships flying its flag, the 
organization of its military defence, render 
such legislation compatible with Community 
law. 
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