Judgment — ECLI:EU:C:2008:648
Date: 2008-11-20
Language of the case: Spanish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Concepts: General;Defences;Employment in the public service
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Sixth Chamber) of 20 November 2008 - Commission of the European Communities v Kingdom of Spain (Case C-94/08) 1 (Failure of a Member State to fulfil its obligations - Posts of ship's captain and chief mate - Nationality clause) Language of the case: Spain Parties Applicant: Commission of the European Communities (represented by: G. Rozet and L. Lozano Palacios, acting as Agents) Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Agent) Re: Failure of Member State to fulfil its obligations - Infringement of Article 39 EC - Requirement of Spanish nationality for persons occupying the posts of captain and chief mate on certain ships flying the Spanish flag - Incompatibility with Community law. Operative part of the judgment The Court: 1. Declares that in requiring in its legislation Spanish nationality for persons occupying the posts of ship's captain and chief mate of all merchant ships flying the Spanish flag other than merchant ships with a gross tonnage less than 100 GT, which carry cargo or fewer than 100 passengers and operate exclusively between ports or points situated in areas in which the Kingdom of Spain has sovereignty, sovereign rights or jurisdiction, the Kingdom of Spain has failed to fulfil its obligations under Community law and, in particular, under Article 39 EC; 2. Orders the Kingdom of Spain to pay the costs. ____________ 1 - OJ C 107, 26.04.2008.