CELEX: C1998/184/08
Language: en
Date: 1998-06-13 00:00:00
Title: Action brought on 30 March 1998 by the Commission of the European Communities against the Hellenic Republic (Case C-85/98)

C 184/6               EN                 Official Journal of the European Communities                                           13.6.98
Action brought on 27 March 1998 by the Commission                   on 30 March 1998 by the Commission of the European
of the European Communities against the Portuguese                  Communities, represented by Dimitrios Goulousis, Legal
                           Republic                                 Adviser, with an address for service in Luxembourg at the
                        (Case C-84/98)                              office of Carlos Gómez de la Cruz, of its Legal Service,
                                                                    Wagner Centre, Kirchberg.
                         (98/C 184/07)
An action against the Portuguese Republic was brought               The applicant claims that the Court should:
before the Court of First Instance on 27 March 1998 by
the Commission of the European Communities,
represented by António Caeiro, Principal Legal Adviser,             Ð declare that, by retaining in force Article 2(5) of
acting as Agent, with an address for service in                          Presidential Decree 278/1992 and thereby requiring
Luxembourg at the office of Carlos Gómez de la Cruz, a                   that on the issue of a residence permit to a member of
member of its Legal Service, Wagner Centre, Kirchberg.                   the family of a national of a Member State who is not
                                                                         himself a national of a Member State fees be paid of a
The applicant claims that the Court should:                              total amount higher than that required for the issue of
                                                                         an identity card to a Greek national, the Hellenic
                                                                         Republic has failed to fulfil its obligations under
Ð declare that, by failing to denounce or adjust the
                                                                         Council Directive 68/360/EEC of 15 October 1968 on
    agreement with Yugoslavia so as to provide for fair,
                                                                         the abolition of restrictions on movement and
    free and non-discriminatory access by Community
                                                                         residence within the Community for workers of
    nationals to the cargo-shares due to Portugal, such
                                                                         Member States and their families (1), Council Directive
    access being prescribed in Council Regulation (EEC)
                                                                         73/148/EEC of 21 May 1973 on the abolition of
    No 4055/86 (1) of 22 December 1986 applying the
                                                                         restrictions on movement and residence within the
    principle of freedom to provide services to maritime
                                                                         Community for nationals of Member States with
    transport between Member States and between
                                                                         regard to establishment and the provision of
    Member States and third countries, the Portuguese
                                                                         services (2), Council Directive 90/364/EEC of 28 June
    Republic has failed to fulfil its obligations under
                                                                         1990 on the right of residence (3), Council Directive
    Articles 3 and 4 of that regulation and under the EC
                                                                         90/365/EEC of 28 June 1990 on the right of residence
    Treaty;
                                                                         for employees and self-employed persons who have
                                                                         ceased their occupational activity (4) and Council
Ð order the Portuguese Republic to pay the costs.                        Directive 93/96/EEC of 29 October 1993 on the right
                                                                         of residence for students (5);
Pleas in law and main arguments adduced in support:
The agreement with Yugoslavia mentioned in the                      Ð order the Hellenic Republic to pay the costs.
application reserves the carriage of goods between the
parties to vessels flying the flag of one of the parties or to
vessels operated by persons or undertakings having the              Pleas in law and main arguments adduced in support:
nationality of one of the parties. Thus, vessels operated by
nationals of other Member States are excluded from the
trade covered by the agreement. The Commission
considers that this constitutes cargo-sharing arrangements          The Commission has brought an action pursuant to the
which are subject to the provisions and obligations laid            second paragraph of Article 169 of the EC Treaty,
down in Regulation (EEC) No 4055/86 and, in particular,             challenging a provision of Greek law which lays down
in Article 4(1) of that regulation. Those arrangements              that, while a member of the family of a national of a
should therefore be altered to bring them into line with            Member State of the European Community settled in
the regulation.                                                     Greece who is not himself a national of a Member State is
                                                                    granted a residence document, it is, however, subject to
                                                                    the fees laid down for the grant of a residence permit to
(1) OJ L 378, 31.12.1986, p. 1.
                                                                    nationals of non-Member countries. According to the
                                                                    Commission, which contends that Article 9(1) of Directive
                                                                    68/360/EEC should be interpreted broadly, the fees paid
                                                                    must not exceed those charged for the issue of an identity
                                                                    card to a Greek national.
Action brought on 30 March 1998 by the Commission of
 the European Communities against the Hellenic Republic             (1 ) OJ, English Special Edition 1968 (II), 19.10.1968, p. 485.
                                                                    (2 ) OJ L 172 of 28.6.1973, p. 14.
                        (Case C-85/98)                              (3 ) OJ L 180 of 13.7.1990, p. 26.
                                                                    (4 ) OJ L 180 of 13.7.1990, p. 28.
                         (98/C 184/08)
                                                                    (5 ) OJ L 317 of 18.12.1993, p. 59.
An action against the Hellenic Republic was brought
before the Court of Justice of the European Communities