Case C-122/09: Judgment of the Court (Fourth Chamber) of 22 April 2010 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Enosi Efopliston Aktoploïas and Others v Ipourgos Emporikis Naftilias, Ipourgos Aigaiou (Maritime transport — Maritime cabotage — Regulation (EEC) No 3577/92 — Temporary exemption from the implementation of that regulation — Obligation on Member States to refrain from adopting, before expiry of the period of exemption, provisions liable seriously to compromise the application of that regulation)
Date: 2010-04-22
Institutions: Court of Justice
Subjects: Greece, free movement of programmes, freight rate, interpretation of the law, maritime law, maritime shipping, maritime transport, national law, transport lines, vessel








C_2010161EN.01001202.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/12






Judgment of the Court (Fourth Chamber) of 22 April 2010 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Enosi Efopliston Aktoploïas and Others v Ipourgos Emporikis Naftilias, Ipourgos Aigaiou
(Case C-122/09) (1)

(Maritime transport - Maritime cabotage - Regulation (EEC) No 3577/92 - Temporary exemption from the implementation of that regulation - Obligation on Member States to refrain from adopting, before expiry of the period of exemption, provisions liable seriously to compromise the application of that regulation)
(2010/C 161/17)
Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings


Applicants: Enosi Efopliston Aktoploïas, ANEK, Minoïkes Grammes, N.E. Lesvou, Blue Star Ferries

Defendants: Ipourgos Emporikis Naftilias, Ipourgos Aigaiou

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Articles 1, 2, 4 and 6(3) of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ 1992 L 364, p. 7) — Temporary exemption from implementation of the regulation — Obligation on Member States not to adopt, before the period of exemption expires, provisions liable to compromise the full and complete application of the regulation — Right of individuals to rely on the regulation to challenge the validity of national provisions having such an effect

Operative part of the judgment

Assuming that the Greek legislature was required, for the duration of the exemption in Greece from implementation of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), to refrain from adopting provisions liable seriously to compromise the full and effective application of the regulation from 1 January 2004, the date on which that period of exemption expired, such full and effective application is not seriously compromised simply because in 2001 the Greek legislature adopted provisions contrary to the regulation which are exhaustive and permanent in nature and do not lay down that they cease to apply from 1 January 2004.


(1)  OJ C 141, 20.6.2009.