Case C-288/02: Action brought on 9 August 2002 by the Commission of the European Communities against the Hellenic Republic
Date: 2002-10-12
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, maritime cabotage, maritime transport, organisation of transport

12.10.2002

EN

Official Journal of the European Communities

C 247/5

4. Are the provisions of Article 28 and 30 EC on the free
movement of goods, applicable to Norway on the basis
of Articles 8 to 16 of the European Economic Area
Agreement (EEA Agreement), to be interpreted, with
reference to the provisions contained in Council Decision
2000/766/EC and Commission Decision 2001/9 cited in
question (1) above, as meaning that a Member State may
not impose a requirement of zero error in a situation
such as that described in questions (1) and (2) above?

( 1) OJ L 306 of 7.12.2000, p. 32.
( 2) OJ L 2 of 5.1.2001, p. 32.
( 3) OJ L 109 of 26.4.1983, p. 8.

Action brought on 9 August 2002 by the Commission of
the European Communities against the Hellenic Republic

(Case C-288/02)

(2002/C 247/09)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 9 August
2002 by the Commission of the European Communities,
represented by K. Simonsson and M. Patakia, Legal Advisers,
with an address for service in Luxembourg. The applicant
claims that the Court should declare that by:

— expressly conferring the right to carry passengers between
Greek mainland ports solely upon Greek passenger ships
and the right to carry out tours with passenger ships of a
gross tonnage exceeding 650 gt by way of island cabotage
solely upon Greek passenger ships,

— requiring in the case of Community ships entered in a
second or international register a certificate from the
competent authority of the flag State declaring that that
ship is allowed to provide cabotage services,

— considering that the Peloponnese constitues an island,

and

— applying to Community tankers, freighters, passenger
ships and tourist ships, and to cruise ships which carry
out sea tours by way of island cabotage its rules as host
State relating to manning conditions, and requiring the
shipowners to submit an application to the competent
authorities for measurement of the gross tonnage of the
ship, in order for the Greek authorities to calculate the
basic composition of the crew,

the Hellenic Republic has failed to fulfil its obligations under
Articles 1, 3 and 6 of Council Regulation (EEC) No 3577/92
of 7 December 1992 (1) applying the principle of freedom to
provide services to maritime transport within Member States
(maritime cabotage).

Pleas in law and main arguments

According to the Commission, current Greek legislation is not
consistent with Regulation (EEC) No 3577/92. The fact that
the regulation is of direct application and its provisions prevail
over national law does not release Member States from the
obligation to repeal national provisions incompatible with
Community law.

As regards the classification of the ports of the Peloponnese as
island ports, the Commission points out that the Peloponnese
is separated from the rest of Greece by a man-made canal and
is linked by road and rail with the rest of the country. It
therefore accords with common sense, and also with the case-
law of the Court of Justice (see Joined Cases C-15/98 and
C-105/99 Italy and Sardegna Lines v Commission [2000] ECR
I-8855, paragraph 55), for the Peloponnese to be considered
part of mainland Greece.

Finally, as regards island cabotage, the Commission submits
that, while host State rules apply for regulating manning-
related issues, those rules must not, however, in any event be
contrary to Article 49 of the EC Treaty.

(1) OJ L 364, 12.12.1992, p. 7.

Reference for a preliminary ruling by the Royal Court of
Jersey, Samedi Division, by order of that court dated
5 August 2002, in the case of Jersey Produce Marketing
Organisation Ltd against 1) The States of Jersey and
2) Jersey Potato Export Marketing Board, Interveners:
1) Top Produce Limited and 2) Fairview Farm Ltd

(Case C-293/02)

(2002/C 247/10)

Reference has been made to the Court of
Justice of the
European Communities by an order of the Royal Court of
Jersey, Samedi Division, dated 5 August 2002, which was
received at the Court Registry on 13 August 2002, for a
preliminary ruling in the case of Jersey Produce Marketing
Organisation Ltd against 1) The States of Jersey and 2) Jersey
Potato Export Marketing Board, Interveners: 1) Top Produce
Limited and 2) Fairview Farm Ltd, on the following questions:

1.

Is a statutory Scheme such as that which regulates the
export of potatoes from Jersey to the United Kingdom to
be considered as a measure having an effect equivalent to
quantitative restrictions on exports, contrary to Article 29
EC, by reason of the fact that potatoes sent directly from
Jersey to the United Kingdom may travel via another
Member State but without leaving the carrying vessel?