Case C-463/08: Action brought on 27 October 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-10-27
Institutions: Court of Justice
Subjects: Spain, action for failure to fulfil an obligation, disclosure of information, fine, labour law, professional qualifications

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.