CELEX: C2002/247/09
Language: en
Date: 2002-10-12 00:00:00
Title: Case C-288/02: Action brought on 9 August 2002 by the Commission of the European Communities against the Hellenic Republic

12.10.2002              EN                    Official Journal of the European Communities                                         C 247/5
4.    Are the provisions of Article 28 and 30 EC on the free             Pleas in law and main arguments
      movement of goods, applicable to Norway on the basis
      of Articles 8 to 16 of the European Economic Area
      Agreement (EEA Agreement), to be interpreted, with                 According to the Commission, current Greek legislation is not
      reference to the provisions contained in Council Decision          consistent with Regulation (EEC) No 3577/92. The fact that
      2000/766/EC and Commission Decision 2001/9 cited in                the regulation is of direct application and its provisions prevail
      question (1) above, as meaning that a Member State may             over national law does not release Member States from the
      not impose a requirement of zero error in a situation              obligation to repeal national provisions incompatible with
      such as that described in questions (1) and (2) above?             Community law.
( 1) OJ L 306 of 7.12.2000, p. 32.                                       As regards the classification of the ports of the Peloponnese as
( 2) OJ L 2 of 5.1.2001, p. 32.                                          island ports, the Commission points out that the Peloponnese
( 3) OJ L 109 of 26.4.1983, p. 8.                                        is separated from the rest of Greece by a man-made canal and
                                                                         is linked by road and rail with the rest of the country. It
                                                                         therefore accords with common sense, and also with the case-
                                                                         law of the Court of Justice (see Joined Cases C-15/98 and
                                                                         C-105/99 Italy and Sardegna Lines v Commission [2000] ECR
                                                                         I-8855, paragraph 55), for the Peloponnese to be considered
                                                                         part of mainland Greece.
Action brought on 9 August 2002 by the Commission of
the European Communities against the Hellenic Republic
                                                                         Finally, as regards island cabotage, the Commission submits
                                                                         that, while host State rules apply for regulating manning-
                          (Case C-288/02)                                related issues, those rules must not, however, in any event be
                                                                         contrary to Article 49 of the EC Treaty.
                          (2002/C 247/09)
                                                                         (1 ) OJ L 364, 12.12.1992, p. 7.
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 9 August
2002 by the Commission of the European Communities,
represented by K. Simonsson and M. Patakia, Legal Advisers,
with an address for service in Luxembourg. The applicant
claims that the Court should declare that by:                            Reference for a preliminary ruling by the Royal Court of
                                                                         Jersey, Samedi Division, by order of that court dated
—     expressly conferring the right to carry passengers between         5 August 2002, in the case of Jersey Produce Marketing
      Greek mainland ports solely upon Greek passenger ships             Organisation Ltd against 1) The States of Jersey and
      and the right to carry out tours with passenger ships of a         2) Jersey Potato Export Marketing Board, Interveners:
      gross tonnage exceeding 650 gt by way of island cabotage                 1) Top Produce Limited and 2) Fairview Farm Ltd
      solely upon Greek passenger ships,
—     requiring in the case of Community ships entered in a                                        (Case C-293/02)
      second or international register a certificate from the
      competent authority of the flag State declaring that that                                    (2002/C 247/10)
      ship is allowed to provide cabotage services,
—     considering that the Peloponnese constitues an island,
      and                                                                Reference has been made to the Court of Justice of the
                                                                         European Communities by an order of the Royal Court of
—     applying to Community tankers, freighters, passenger               Jersey, Samedi Division, dated 5 August 2002, which was
      ships and tourist ships, and to cruise ships which carry           received at the Court Registry on 13 August 2002, for a
      out sea tours by way of island cabotage its rules as host          preliminary ruling in the case of Jersey Produce Marketing
      State relating to manning conditions, and requiring the            Organisation Ltd against 1) The States of Jersey and 2) Jersey
      shipowners to submit an application to the competent               Potato Export Marketing Board, Interveners: 1) Top Produce
      authorities for measurement of the gross tonnage of the            Limited and 2) Fairview Farm Ltd, on the following questions:
      ship, in order for the Greek authorities to calculate the
      basic composition of the crew,                                     1.     Is a statutory Scheme such as that which regulates the
                                                                                export of potatoes from Jersey to the United Kingdom to
the Hellenic Republic has failed to fulfil its obligations under                be considered as a measure having an effect equivalent to
Articles 1, 3 and 6 of Council Regulation (EEC) No 3577/92                      quantitative restrictions on exports, contrary to Article 29
of 7 December 1992 (1) applying the principle of freedom to                     EC, by reason of the fact that potatoes sent directly from
provide services to maritime transport within Member States                     Jersey to the United Kingdom may travel via another
(maritime cabotage).                                                            Member State but without leaving the carrying vessel?