Case C-269/05: Judgment of the Court (Seventh Chamber) of 11 January 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Article 1 of Regulation (EEC) No 4055/86 — Maritime transport — Harbour dues levied on passenger vessels or cargo vessels — Harbour dues levied on vehicles aboard ferries — Discrimination)
Date: 2007-02-24
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, charges for use of infrastructure, freedom to provide services, harbour installation, tariff barrier

C 42/6

EN

Official Journal of the European Union

24.2.2007

Re:

Defendant: Hellenic Republic (represented by: E. Skandalou,
Agent)

Reference for a preliminary ruling — Cour de cassation — Civil
chamber — Paris — Interpretation of Articles 4(2a), 10a, 19(1)
and 95b of Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed
persons and their families moving within the Community (OJ
English Special Edition 1971 (II), p. 416), as amended —
National legislation making the grant of supplementary allow-
ance from the National Solidarity Fund subject to a residence
condition — Concept of a special non-contributory benefit —
Listing of
the allowance in Annex IIa to Regulation (EEC)
No 1408/71

Operative part of the judgment

A benefit such as the supplementary allowance mentioned, under the
heading ‘France’ in Annex IIa to Regulation (EEC) No 1408/71 of
14 June 1971 on the application of social security schemes
to
employed persons and their families moving within the Community, in
the
version amended and updated by Council Regulation (EC)
No 118/97 of 2 December 1996, constitutes a special benefit. Exam-
ination of the method of financing the supplementary allowance, on
the basis of the information in the file submitted to the Court, shows
that there is no sufficiently identifiable link between the general social
contribution and the benefit concerned, which leads to the conclusion
that the supplementary allowance in non-contributory. However, it is
for the national court to confirm the accuracy of the factors set out in
paragraphs 48 to 52 of this judgment in order to determine conclu-
sively whether that benefit is contributory or non-contributory.

(1) OJ C 217, 3.9.2005.

Judgment of the Court (Seventh Chamber) of 11 January
the European Communities v
2007 — Commission of

Hellenic Republic

(Case C-269/05) (1)

(Failure of a Member State to fulfil obligations — Article 1 of
Regulation (EEC) No 4055/86 — Maritime transport —
Harbour dues levied on passenger vessels or cargo vessels —
Harbour dues levied on vehicles aboard ferries — Discrimina-
tion)

(2007/C 42/10)

Language of the case: Greek

Re:

Failure of a Member State to fulfil obligations — Breach of
Article 1 of Council Regulation (EEC) No 4055/86 of
22 December 1986 applying the principle of
freedom to
provide services to maritime transport between Member States
and between Member States and third countries (OJ 1986 L
378, p. 1) — Harbour dues levied on passenger vessels or cargo
vessels — Lower level of dues when transport is between two
ports within national territory — Harbour dues levied on vehi-
cles aboard ferries — Dues not levied on vehicles travelling
between ports in national territory

Operative part of the judgment

The Court:

1) Declares that, by maintaining in force:

— the harbour dues levied on passenger vessels (including cruise
ships) or on cargo vessels when they enter into harbour, berth
and anchor in the ports of Piraeus and Thessaloniki, applying
a lower level of dues when transport is between two ports
within Greece as compared with cases where transport is to a
destination outside Greece,

— harbour dues for the benefit of the harbour funds of the Port
Authorities AE, set up by Law No 2932/2001, and of the
ports of Piraeus and Thessaloniki, which are levied on vehicles
aboard ferries on international routes, while similar dues are
not levied on routes between Greek ports,

— the right to levy dues on vehicles aboard vehicle ferries with a
foreign port destination for the benefit of municipalities and
communities,

the Hellenic Republic has failed to fulfil
its obligations under
Article 1 of Council Regulation (EEC) No 4055/86 of
22 December 1986 applying the principle of freedom to provide
services to maritime transport between Member States and between
Member States and third countries;

2. Orders the Hellenic Republic to pay the costs.

Parties

(1) OJ C 229, 17.9.2005.

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and K. Simonsson, Agents)