CELEX: C2003/275/24
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 30 September 2003 in Case C-405/01 (Reference for a preliminary ruling from the Tribunal Supremo): Colegio de Oficiales de la Marina Mercante Española v Administración del Estado, intervener: Asociación de Navieros Españoles (ANAVE) (Freedom of movement for workers — Article 39(4) EC — Employment in the public service — Masters and chief mates of merchant navy ships — Conferment of powers of public authority on board — Posts reserved for nationals of the flag State — Posts open to nationals of other Member States on condition of reciprocity)

15.11.2003                EN                           Official Journal of the European Union                                                C 275/15
                  JUDGMENT OF THE COURT                                              profesiones marítimas of 30 December 1999, subject to a
                                                                                     condition of reciprocity.
                        of 30 September 2003
                                                                               (1) OJ C 17 of 19.1.2002.
in Case C-405/01 (Reference for a preliminary ruling from
the Tribunal Supremo): Colegio de Oficiales de la Marina
Mercante Española v Administración del Estado, inter-
   vener: Asociación de Navieros Españoles (ANAVE) (1)
                                                                                                JUDGMENT OF THE COURT
(Freedom of movement for workers — Article 39(4) EC —
Employment in the public service — Masters and chief mates                                                (First Chamber)
of merchant navy ships — Conferment of powers of public
authority on board — Posts reserved for nationals of the flag
State — Posts open to nationals of other Member States on                                               of 2 October 2003
                       condition of reciprocity)
                                                                               in Case C-411/01 (Reference for a preliminary ruling from
                                                                               the Tribunal d’instance de Metz): GEFCO SA v Receveur
                           (2003/C 275/24)                                                           principal des douanes (1)
                                                                               (Community Customs Code and implementing Regulation
                    (Language of the case: Spanish)
                                                                               — Outward processing procedure — Exemption from the
                                                                               import duties applied to compensating products — Amount
                                                                               deductible in the event of an incorrect indication of a tariff
(Provisional translation; the definitive translation will be published         heading in the temporary export declaration for the goods —
                     in the European Court Reports)                            Failure having no significant effect on the correct operation
                                                                                             of the outward processing procedure)
                                                                                                         (2003/C 275/25)
In Case C-405/01: Reference to the Court under Article 234
EC by the Tribunal Supremo (Spain) for a preliminary ruling                                         (Language of the case: French)
in the proceedings pending before that court between Colegio
de Oficiales de la Marina Mercante Española and Administra-                    (Provisional translation; the definitive translation will be published
ción del Estado, intervener: Asociación de Navieros Españoles                                      in the European Court Reports)
(ANAVE), on the interpretation of Article 39 EC and Articles 1
and 4 of Council Regulation (EEC) No 1612/68 of 15 October
1968 on freedom of movement for workers within the
Community (OJ, English Special Edition 1968 (II), p. 475), the                 In Case C-411/01: Reference to the Court under Article 234
Court, composed of: G.C. Rodríguez Iglesias, President,                        EC by the Tribunal d’instance de Metz (France) for a preliminary
J.-P. Puissochet, M. Wathelet (Rapporteur), R. Schintgen and                   ruling in the proceedings pending before that court between
C.W.A. Timmermans (Presidents of Chambers), C. Gulmann,                        GEFCO SA and Receveur principal des douanes, on the
D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,                  interpretation of Articles 145 to 151 of Council Regulation
N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,                   (EEC) No 2913/92 of 12 October 1992 establishing the
Judges; C. Stix-Hackl, Advocate General; M.-F. Contet, Principal               Community Customs Code (OJ 1992 L 302, p. 1), the Court
Administrator, for the Registrar, has given a judgment on                      (First Chamber), composed of: M. Wathelet, President of the
30 September 2003, in which it has ruled:                                      Chamber, P. Jann and A. Rosas (Rapporteur), Judges; A. Tiz-
                                                                               zano, Advocate General; H. von Holstein, Deputy Registrar,
                                                                               has given a judgment on 2 October 2003, in which it has
1.    Article 39(4) EC is to be construed as allowing a Member State           ruled:
      to reserve for its nationals the posts of master and chief mate of
      merchant ships flying its flag only if the rights under powers
      conferred by public law on masters and chief mates of such               1.    Articles 145 to 151 of Council Regulation (EEC) No 2913/
      ships are actually exercised on a regular basis and do not                     92 of 12 October 1992 establishing the Community Customs
      represent a very minor part of their activities.                               Code must be interpreted as meaning that an economic operator
                                                                                     who has declared goods under an incorrect tariff heading at the
                                                                                     time of their temporary exportation from Community territory
2.    Article 39 EC is to be construed as precluding a Member State                  under the outward processing procedure is not prohibited, even
      making access by nationals of the other Member States to the                   in the absence of a formal amendment of the temporary export
      posts of master and chief mate of merchant ships flying its flag,              declaration, from adducing proof that the incorrect declaration
      such as those covered by Article 8(3) of Royal Decree No 2062/                 had no significant effect on the correct operation of the procedure
      1999 por el que se regula el nivel mínimo de formación en                      for the purposes of Article 150(2) of the Customs Code.