Judgment — ECLI:EU:C:2010:222
Date: 2010-04-22
Language of the case: Greek
Court formation: Fourth Chamber
Subject matter: Freedom to provide services;Transport
Procedure: Reference for a preliminary ruling
Origin: Greece

Summary of the Judgment Transport – Maritime transport – Freedom to provide services – Maritime cabotage (Council Regulation No 3577/92) Assuming that the Greek legislature was required, for the duration of the exemption in Greece from implementation of Regulation No 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), to refrain from adopting provisions liable seriously to compromise the full and effective application of the regulation from 1 January 2004, the date on which that period of exemption expired, such full and effective application is not seriously compromised simply because in 2001 the Greek legislature adopted provisions contrary to the regulation that are exhaustive and permanent in nature and do not lay down that they are to cease to apply from 1 January 2004. The mere fact that a Member State adopted legislation in 2001 – assuming that the latter is not consistent with Regulation No 3577/92 – cannot be considered, in itself, seriously to compromise the application of the regulation after the end of the period of temporary exemption. (see paras 15, 17, operative part)