Judgment of the Court (First Chamber) of 14 October 2004 in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality — National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: Netherlands, action for failure to fulfil an obligation, management, maritime law, nationality, ship's flag, vessel

C 300/10

EN

Official Journal of the European Union

4.12.2004

JUDGMENT OF THE COURT

the Kingdom of the Netherlands has failed to fulfil its obligations
under Articles 43 EC and 48 EC;

(First Chamber)

of 14 October 2004

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 247 of 12.10.2002.

in Case C-299/02: Commission of the European Commu-
nities v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil obligations — Articles
43 EC and 48 EC — National measures requiring as a condi-
tion for being able to register a ship in the Netherlands that
the shareholders, directors and natural persons responsible
for the day-to-day management of the Community company
owning the ship have Community or EEA nationality —
National measures requiring that the director of a shipping
company be of Community or EEA nationality or have a
Community or EEA residence)

(2004/C 300/19)

(Language of the case: Dutch)

of

the

In Case C-299/02: action under Article 226 EC for failure to
fulfil obligations, brought on 23 August 2002, between
Commission
(Agents:
European
K.H.I. Simonsson and H.H. Speyart) and Kingdom of the Neth-
erlands (Agents: H.G. Sevenster and S. Terstal) — the Court
(First Chamber), composed of: P. Jann (Rapporteur), President
of the Chamber, A. Rosas and R. Silva de Lapuerta, Judges; P.
Léger, Advocate General; R. Grass, Registrar, has given a judg-
ment on 14 October 2004, in which it:

Communities

JUDGMENT OF THE COURT

(Second Chamber)

of 7 October 2004

in Case C-312/02: Kingdom of Sweden v Commission of
the European Communities (1)

(Action for annulment — EAGGF — Expenditure excluded
from Community financing — Support for producers of
certain arable crops — Common organisation of the market
in beef and veal)

(2004/C 300/20)

(Language of the case: Swedish)

1. Declares that, by adopting and maintaining in its legislation
Article 311 of the Wetboek van Koophandel and Article 8:169 of
the Burgerlijk Wetboek, under which certain conditions are fixed
concerning:

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

— the nationality of

companies owning
the shareholders of
seagoing ships which they wish to register in the Netherlands;

— the nationality of the directors of companies owning seagoing
ships which those companies wish to register in the Nether-
lands;

— the nationality of the natural persons responsible for the day-
to-day management of the place of business from which the
shipping business which is necessary for registration of a ship
in the Netherlands registers is carried out in the Netherlands;

In Case C-312/02: Action for annulment under Article 230 EC,
lodged at the Court on 4 September 2002, Kingdom of Sweden
(Agent: K. Renman) v Commission of the European Commu-
nities (Agent: K. Simonsson) — the Court (Second Chamber),
composed of: C.W.A. Timmermans, President of the Chamber,
C. Gulmann, J.N. Cunha Rodrigues (Rapporteur), R. Schintgen
and F. Macken, Judges; F.G. Jacobs, Advocate General; R. Grass,
for the Registrar, has given a judgment on 7 October 2004, in
which it has ruled:

1. Dismisses the action;

2. Orders the Kingdom of Sweden to pay the costs.

— the nationality of the directors of shipping companies owning

seagoing ships registered in the Netherlands; and

(1) OJ C 261 of 26.10.2002.

— the residence of the directors of shipping companies owning

seagoing ships registered in the Netherlands,