Case C-285/05: Order of the Court (Second Chamber) of 28 September 2006 (reference for a preliminary ruling from Symvoulio tis Epikratias — Greece) — Enosi Efopliston Aktoploias, ANEK, Minoikes grammes, N.E. Lesvou, Blue Star Ferries v Ypourgos Emporikis Naftilías, Ypourgos Aigaíou (Article 104(3) of the Rules of Procedure — Regulation (EEC) No 3577/92 — Maritime cabotage — Transitional period — Direct application — Directive 98/18/EC — Safety rules and standards for passenger ships — Compatibility of a national rule prohibiting the supply of maritime services in respect of ships having reached a specific age)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: Greece, freedom to provide services, interpretation of the law, maritime cabotage, restriction on competition

30.12.2006

EN

Official Journal of the European Union

C 326/23

Order of the Court (Second Chamber) of 28 September
2006 (reference for a preliminary ruling from Symvoulio
tis Epikratias — Greece) — Enosi Efopliston Aktoploias,
ANEK, Minoikes grammes, N.E. Lesvou, Blue Star Ferries v
Ypourgos Emporikis Naftilías, Ypourgos Aigaíou

(Case C-285/05) (1)

2. Articles 5(2) and 6(3)(a) to (c), (f) and (g) of Council Directive
98/18/EC of 17 March 1998 on safety rules and standards for
passenger ships must be interpreted as precluding a national rule,
such as that at issue in the main proceedings, which prohibits abso-
lutely ships having reached a specified age from carrying out
domestic voyages, when the Member State in question has not
taken measures to improve safety requirements in accordance with
the procedure laid down by Article 7(4) of that directive.

(Article 104(3) of the Rules of Procedure — Regulation (EEC)
No 3577/92 — Maritime cabotage — Transitional period —
Direct application — Directive 98/18/EC — Safety rules and
standards for passenger ships — Compatibility of a national
rule prohibiting the supply of maritime services in respect of
ships having reached a specific age)

(1) OJ C 243 of 1.10.2005.

(2006/C 326/45)

Language of the case: Greek

Referring court

Symvoulio tis Epikratias

Parties to the main proceedings

Applicants:
grammes, N.E. Lesvou, Blue Star Ferries

Enosi

Efopliston Aktoploias, ANEK, Minoikes

Defendants: Ypourgos Emporikis Naftilías, Ypourgos Aigaíou

Re:

Reference for a preliminary ruling — Symvoulio tis Epikratias
— Interpretation of Articles 1(2), 4 and 6(3) of Council Regu-
lation (EEC) No 3577/92 of 7 December 1992 applying the
principle of freedom to provide services to maritime transport
within Member States (maritime cabotage) (OJ 1992 L 364, p.
7) — Ability of individuals to rely on the regulation to challenge
the validity of a national rule adopted before the end of the
exemption laid down by the regulation — Interpretation of Arti-
cles 5(2) and 6(3)(a) to (c),
(f) and (g) of Council Directive
98/18/EC of 17 March 1998 on safety rules and standards for
passenger ships (OJ 1998 L 144, p. 1) — Compatibility of a
national rule prohibiting the supply of maritime services in
respect of ships having reached a specified age

Operative part of the order

1. Having regard to Article 6(3) of Council Regulation (EEC) No
3577/92 of 7 December 1992 applying the principle of freedom
to provide services to maritime transport within Member States
(maritime cabotage), the latter must be interpreted as not confer-
ring rights on individuals, before 1 January 2004, in the area of
cabotage with the Greek islands for regular passenger and cargo
less than 650 gross
services and services provided by vessels of
tonnes.

Order of the Court of 28 September 2006 — (reference for
a preliminary ruling of Oberlandsgericht München —
Germany) — Criminal proceedings against Stefan Kremer

(Case C-340/05) (1)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Directive 91/439/EEC — Mutual recognition of
driving licences — Withdrawal of licence in one Member
State — Licence issued in another Member State — Refusal
to recognise the right to drive in the first Member State —
for
Requirement of compliance with national

conditions

obtaining a new licence following a withdrawal)

(2006/C 326/46)

Language of the case: German

Referring court

Oberlandsgericht München (Germany)

Criminal proceedings against

Stefan Kremer

Action

for

a preliminary

Reference
ruling — Oberlandsgericht
München — Interpretation of Articles 1(2) and 8(2) and (4) of
Council Directive 91/439/EEC of 29 July 1991 on driving
licences (OJ 1991 L 237, p. 1) — Refusal to recognise the
validity of a driving licence issued by another Member State,
raised against the holder having had his national licence with-
drawn without a prohibition period, due to repeated offences
under the road traffic act — Obligation to provide beforehand a
medical-psychological opinion attesting to aptitude to drive