Opinion of the Advocate General — ECLI:EU:C:2014:201
Date: 2014-04-01
Language of the case: Swedish
Subject matter: Freedom to provide services;Transport
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary — Judgment of the Court (Grand Chamber), 8 July 2014 Transport — Maritime transport — Freedom to provide services — Regulation No 4055/86 — Scope ratione personae — Company established in a State that is a party to the Agreement on the European Economic Area, proprietor of a vessel flying the flag of a third country and providing maritime transport services between the States party to that agreement — Included — Conditions (EEA Agreement; Council Regulation No 4055/86, Art. 1) Article 1 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 must be interpreted as meaning that a company established in a State that is a party to the Agreement on the European Economic Area and which is proprietor of a vessel flying the flag of a third country, by which maritime transport services are provided from or to a State that is a party to the EEA Agreement, may rely on the freedom to provide services, provided that it can, due to its operation of that vessel, be classed as a provider of those services and that the persons for whom the services are intended are established in States that are parties to the EEA Agreement other than that in which that company is established. The application of Regulation No 4055/86 is in no way affected by the fact that the vessel carrying out the maritime transport at issue, and on which the workers in whose favour industrial action is taken are employed, flies the flag of a third country, nor by the fact that the crew members of the vessel are third country nationals. (see paras 42, 44, operative part)