Case C-460/08: Action brought on 21 October 2008 — Commission of the European Communities v Hellenic Republic
Date: 2008-10-21
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, anti-discriminatory measure, crew, discrimination on the basis of nationality, fine, job access, maritime shipping, nationality, ship's flag

20.12.2008

EN

Official Journal of the European Union

C 327/19

Parties to the main proceedings

Pleas in law and main arguments

Panagiotis

Claimants:
I. Karanikolas, Valsamis Daravanis,
Georgios Kouvoukliotis, Panagiotis Dolou, Dimitrios Z. Parisis,
Konstantinos Emmanouil, Ioannis Anasoglou, Pantelis A. Beis,
Dimitrios Khatziandreou, Ioannis A. Zaragkoulias, Triantafillos
K. Mavrogiannis, Sotirios T. Liotakis, Vasilios Karampasis,
Dimitrios Melissidis, Ioannis V. Kleovoulos, Dimitrios I. Patsakos,
Theodoros Fournarakis, Dimitrios K. Dimitrakopoulos and
Sinetairismos Paraktion Alieon Kavalas

Defendants:
Nomarkhiaki Aftodiikisi Dramas — Kavalas — Xanthis

Ipourgos Agrotikis Anaptixis kai Trofimon and

Interveners: Alieftikos Agrotikos Sinetairismos gri-gri nomou
Kavalas ‘Makedonia’ and Panellinia Enosi Plioktiton Mesis Aliias
(P.E.P.M.A.)

Questions referred

1. Is it permitted, for the purposes of Article 1(2) of Council
Regulation No 1626/94, for a Member State to adopt supple-
mentary measures consisting in the complete prohibition of
the use of fishing gear whose use is in principle allowed
under the provisions of that regulation?

2. Is it permitted, for the purposes of the provisions of that
regulation, to use in the marine area of a Member State with
a Mediterranean coastline fishing gear which is not included
among the gear specified as being in principle prohibited in
Article 2(3) and Article 3(1) and (1a) of the regulation and
whose use was prohibited before the regulation entered into
force by a national provision of the Member State?

Action brought on 21 October 2008 — Commission of the
European Communities v Portuguese Republic

(Case C-458/08)

(2008/C 327/31)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic

Form of order sought

The Portuguese law on access to construction activity and
continued operation therein (Decree-Law No 12/2004) makes
the exercise of construction activity in Portugal subject to a
licence.

No undertaking, without exception, may carry on in Portugal
building, rebuilding, extension, alteration, repair, conservation,
cleaning, restoration or demolition work or, in general terms,
any work whatsoever related to construction without prior
authorisation issued by the Portuguese authorities.

including Community undertakings,

The Portuguese competition legislation prohibiting undertak-
ings,
from providing
construction services in Portugal without prior authorisation to
the construction industry issued by the Portuguese
enter
authorities constitutes an infringement of Article 49 EC.

The requirements for access to the building industry, as laid
down in the Portuguese legislation, are establishment require-
ments. The Portuguese legislation does not distinguish establish-
ment from the provision of services of a temporary nature.

In order to provide services in Portugal undertakings established
in another Member State are obliged to satisfy all the conditions
necessary for establishment, which means in practice that there
is no solution for those construction companies other than to
establish themselves in Portugal. Such a requirement seriously
restricts freedom to provide services.

The requirements in relation to continuing to operate also
amount to restrictions of the freedom to provide services, for
they make it impossible to provide construction services of a
temporary nature.

The reasons given by the Portuguese State in order to justify the
restrictions in question have not been substantiated and cannot
be taken into consideration.

Action brought on 21 October 2008 — Commission of the
European Communities v Hellenic Republic

(Case C-460/08)

(2008/C 327/32)

Language of the case: Greek

— A declaration that the Portuguese Republic, by imposing in
respect of the provision of building services in Portugal the
same requirements as in respect of establishment, has failed
to fulfil its obligations under Article 49 EC;

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and D. Triantafillou)

— an order that the Portuguese Republic should pay the costs.

Defendant: Hellenic Republic

C 327/20

EN

Official Journal of the European Union

20.12.2008

Form of order sought

Action brought on 27 October 2008 — Commission of the
European Communities v Republic of Estonia

— declare that, by retaining in its legislation the requirement of
Greek nationality for access to the posts of captain and
officer (chief mate) on all vessels flying the Greek flag, the
Hellenic Republic has failed to fulfil
its obligations under
Article 39 of the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Justification on the basis of Article 39(4) is lacking since no
public powers are in fact usually exercised by captains and chief
mates.

Action brought on 27 October 2008 — Commission of the
European Communities v Kingdom of Spain

(Case C-463/08)

(2008/C 327/33)

Language of the case: Spanish

(Case C-464/08)

(2008/C 327/34)

Language of the case: Estonian

Parties

Applicant: Commission of the European Communities (repre-
sented by K. Simonsson and K. Saaremäel-Stoilov, acting as
Agents)

Defendant: Republic of Estonia

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/65/EC of the European Parliament and of the Council
of 26 October 2005 on enhancing port security (1), or in
any event by failing to notify the Commission of the adop-
tion of those measures, the Republic of Estonia has failed to
fulfil its obligations under the directive;

— order the Republic of Estonia to pay the costs.

Pleas in law and main arguments

The period for
expired on 15 June 2007.

transposing the directive into national

law

Parties

(1) OJ 2005 L 310, p. 28.

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and M.A. Rabanal Suárez, acting as
Agents

Defendant: Kingdom of Spain

Form of order sought

— Declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2005/36/EC (1) of
the
Council of 7 September 2005 on the recognition of profes-
sional qualifications, and, in any event, by failing to commu-
nicate those provisions to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under the directive;

the European Parliament and of

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The time-limit laid down to transpose Directive 2005/36/EC
expired on 20 October 2007.

(1) OJ 2005 L 225, p. 22.

Action brought on 29 October 2008 — Commission of the
European Communities v Hellenic Republic

(Case C-465/08)

(2008/C 327/35)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Karanasou-Apostolopoulou and H. Støvlbæk)

Defendant: Hellenic Republic

Form of order sought

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2005/36/EC (1) of
the
Council of 7 September 2005 on the recognition of profes-
sional qualifications, and in any event by not notifying those
provisions to the Commission, the Hellenic Republic has
failed to fulfil its obligations under that directive;

the European Parliament and of

— order the Hellenic Republic to pay the costs.