Case C-447/07: Judgment of the Court (Sixth Chamber) of 11 September 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Article 39 EC — Employment in the public administration — Masters and officers (chief officers) of vessels — Allocation of State authority on board — Requirement to hold the nationality of the flag Member State)
Date: 2008-09-11
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, crew, discrimination on the basis of nationality, fishing vessel, free movement of workers, job access, ship's flag

C 285/10

EN

Official Journal of the European Union

8.11.2008

Judgment of the Court (Second Chamber) of 11 September
the European Communities v
2008 — Commission of

Judgment of the Court (Sixth Chamber) of 11 September
the European Communities v
2008 — Commission of

Republic of Lithuania

(Case C-274/07) (1)

Italian Republic

(Case C-447/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/22/EC — Universal service and users' rights relating to
electronic
services —
Article 26(3) — Single European emergency call number —
Making available caller location information)

communications

networks

and

of a Member State

obligations —
(Failure
Article 39 EC — Employment in the public administration —
Masters and officers (chief officers) of vessels — Allocation of
State authority on board — Requirement to hold the nation-
ality of the flag Member State)

fulfil

to

(2008/C 285/15)

Language of the case: Lithuanian

(2008/C 285/16)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Braun and A. Steiblytė, acting as Agents)

Parties

Defendant: Republic of Lithuania (represented by: D. Kriaučiūnas,
acting as Agent)

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and L. Pignataro-Nolin, acting as Agents)

Re:

Defendant: Italian Republic (represented by: I. Braguglia, Agent,
and S. Fiorentino, avvocato dello Stato)

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period the provisions necessary to
comply with Article 26(3) of Directive 2002/22/EC of
the
European Parliament and of the Council of 7 March 2002 on
universal service and users' rights relating to electronic commu-
nications networks and services (Universal Service Directive)
(OJ 2002 L 108, p. 51)

Operative part of the judgment

The Court:

1. Declares that, by not ensuring in practice that authorities handling
emergencies are, to the extent technically feasible, given caller loca-
tion information for all callers to the single European emergency
call number ‘112’ when public telephone networks are used, the
Republic of Lithuania has failed to fulfil
its obligations under
the European
of Directive 2002/22/EC of
Article 26(3)
Parliament and of the Council of 7 March 2002 on universal
service and users'
communications
relating to electronic
networks and services (Universal Service Directive);

rights

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 39 EC — National legislation reserving the posts of
master and chief officer on all vessels flying the flag of that
Member State to its nationals

Operative part of the judgment

The Court:

1. Declares that, by maintaining in its legislation the requirement that
masters and chief officers on all vessels flying the Italian flag hold
Italian nationality, the Italian Republic has failed to fulfil its obli-
gations under Article 39 EC;

2. Orders the Republic of Lithuania to pay the costs.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 183, 4.8.2007.

(1) OJ C 297, 8.12.2007.