Case C-89/07: Action brought on 15 February 2007 — Commission of the European Communities v French Republic
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, crew, free movement of workers, job access, ship's flag

28.4.2007

EN

Official Journal of the European Union

C 95/23

Action brought on 15 February 2007 — Commission of
the European Communities v French Republic

Form of order sought

(Case C-89/07)

(2007/C 95/40)

Language of the case: French

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/12/EC of the European Parliament and of the Council
of 11 February 2004 amending Directive 94/62/EC on
packaging and packaging waste (1), or in any event by failing
to communicate them to the Commission, the Kingdom of
Belgium has failed to fulfil its obligations under that direc-
tive;

Parties

— order the Kingdom of Belgium to pay the costs.

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet, Agent)

Pleas in law and main arguments

Defendant: French Republic

Form of order sought

— Declare that by maintaining in force in its national law a
requirement of French nationality for the pursuit of employ-
ment as master (captain) or officer (chief mate) on all vessels
flying the French flag, the French Republic has failed to fulfil
its obligations under Article 39 EC;

— order the French Republic to pay the costs.

Pleas in law and main arguments

In so far as it imposes a requirement of French nationality for
the pursuit of employment as master (captain) or officer (chief
mate) on all vessels flying the French flag, French legislation
conflicts with the provisions of Community law relating to
freedom of movement for workers, as interpreted by the Court
of
Justice in its judgments of 30 September 2003 in Case
C-405/01 Colegio de Oficiales de la Marina Mercante Española
[2003] ECR I-10391 and in Case C-47/02 Anker and Others
[2003] ECR I-10447. Such a nationality requirement can be
imposed only in respect of the posts of master and chief mate
actually involving the exercise of rights conferred by public law
on a regular basis.

The period for
expired on 18 August 2005.

the transposition of Directive 2004/12/EC

(1) OJ 2004 L 47, p. 26.

Action brought on 16 February 2007 — Commission of
the European Communities v Kingdom of the Netherlands

(Case C-92/07)

(2007/C 95/42)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: P.J. Kuijper and S. Boelaert, Agents)

Defendant: Kingdom of the Netherlands

Action brought on 16 February 2007 — Commission of
the European Communities v Kingdom of Belgium

Form of order sought

(Case C-90/07)

(2007/C 95/41)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and J.-B. Laignelot, Agents)

— declare that, by introducing and maintaining a system of
administrative fees for the issue of residence permits which
are higher than those imposed on nationals of Member
States and nationals of Norway, Iceland, Liechtenstein and
Switzerland for the issue of an equivalent document, and by
applying that system to Turkish nationals who have a right
of residence in the Netherlands on the basis of the Associa-
tion Agreement (1), the Additional Protocol (2) or Decision
No 1/80 (3), the Kingdom of the Netherlands has failed to
in
fulfil
particular Article 9, the Additional Protocol,
in particular
Article 41, and Decision No 1/80, in particular Articles 10
(1) and 13;

its obligations under the Association Agreement,

Defendant: Kingdom of Belgium

— order the Kingdom of the Netherlands to pay the costs.