Judgment of the Court of 30 September 2003 in Case C-405/01 (Reference for a preliminary ruling from the Tribunal Supremo): Colegio de Oficiales de la Marina Mercante Española v Administración del Estado, intervener: Asociación de Navieros Españoles (ANAVE) (Freedom of movement for workers — Article 39(4) EC — Employment in the public service — Masters and chief mates of merchant navy ships — Conferment of powers of public authority on board — Posts reserved for nationals of the flag State — Posts open to nationals of other Member States on condition of reciprocity)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: crew, foreign national, free movement of workers, interpretation of the law, job access

15.11.2003

EN

Official Journal of the European Union

C 275/15

JUDGMENT OF THE COURT

profesiones marítimas of 30 December 1999, subject to a
condition of reciprocity.

of 30 September 2003

(1) OJ C 17 of 19.1.2002.

in Case C-405/01 (Reference for a preliminary ruling from
the Tribunal Supremo): Colegio de Oficiales de la Marina
Mercante Española v Administración del Estado, inter-
vener: Asociación de Navieros Españoles (ANAVE) (1)

(Freedom of movement for workers — Article 39(4) EC —
Employment in the public service — Masters and chief mates
of merchant navy ships — Conferment of powers of public
authority on board — Posts reserved for nationals of the flag
State — Posts open to nationals of other Member States on
condition of reciprocity)

(2003/C 275/24)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-405/01: Reference to the Court under Article 234
EC by the Tribunal Supremo (Spain) for a preliminary ruling
in the proceedings pending before that court between Colegio
de Oficiales de la Marina Mercante Española and Administra-
ción del Estado, intervener: Asociación de Navieros Españoles
(ANAVE), on the interpretation of Article 39 EC and Articles 1
and 4 of Council Regulation (EEC) No 1612/68 of 15 October
1968 on freedom of movement
for workers within the
Community (OJ, English Special Edition 1968 (II), p. 475), the
Court, composed of: G.C. Rodríguez Iglesias, President,
J.-P. Puissochet, M. Wathelet (Rapporteur), R. Schintgen and
C.W.A. Timmermans (Presidents of Chambers), C. Gulmann,
D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,
Judges; C. Stix-Hackl, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
30 September 2003, in which it has ruled:

1. Article 39(4) EC is to be construed as allowing a Member State
to reserve for its nationals the posts of master and chief mate of
merchant ships flying its flag only if the rights under powers
conferred by public law on masters and chief mates of such
ships are actually exercised on a regular basis and do not
represent a very minor part of their activities.

2. Article 39 EC is to be construed as precluding a Member State
making access by nationals of the other Member States to the
posts of master and chief mate of merchant ships flying its flag,
such as those covered by Article 8(3) of Royal Decree No 2062/
1999 por el que se regula el nivel mínimo de formación en

JUDGMENT OF THE COURT

(First Chamber)

of 2 October 2003

in Case C-411/01 (Reference for a preliminary ruling from
the Tribunal d’instance de Metz): GEFCO SA v Receveur
principal des douanes (1)

(Community Customs Code and implementing Regulation
— Outward processing procedure — Exemption from the
import duties applied to compensating products — Amount
deductible in the event of an incorrect indication of a tariff
heading in the temporary export declaration for the goods —
Failure having no significant effect on the correct operation
of the outward processing procedure)

(2003/C 275/25)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-411/01: Reference to the Court under Article 234
EC by the Tribunal d’instance de Metz (France) for a preliminary
ruling in the proceedings pending before that court between
GEFCO SA and Receveur principal des douanes, on the
interpretation of Articles 145 to 151 of Council Regulation
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (OJ 1992 L 302, p. 1), the Court
(First Chamber), composed of: M. Wathelet, President of the
Chamber, P. Jann and A. Rosas (Rapporteur), Judges; A. Tiz-
zano, Advocate General; H. von Holstein, Deputy Registrar,
has given a judgment on 2 October 2003, in which it has
ruled:

1. Articles 145 to 151 of Council Regulation (EEC) No 2913/
92 of 12 October 1992 establishing the Community Customs
Code must be interpreted as meaning that an economic operator
who has declared goods under an incorrect tariff heading at the
time of their temporary exportation from Community territory
under the outward processing procedure is not prohibited, even
in the absence of a formal amendment of the temporary export
declaration, from adducing proof that the incorrect declaration
had no significant effect on the correct operation of the procedure
for the purposes of Article 150(2) of the Customs Code.