CELEX: C1997/228/09
Language: en
Date: 1997-07-26 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 June 1997 in Case C-151/96: Commission of the European Communities v. Ireland (Failure of a Member State to fulfil its obligations - Registration of vessels other than fishing vessels - Nationality requirement for the owner)

26 . 7 . 97             EN                  Official Journal of the European Communities                                No C 228/5
Member State being refused family benefits in respect of                     to remain in the territory of a Member State after
full calendar months falling within an extended period of                    having been employed in that State and Article 7 of
unpaid leave, where employed persons whose children are                      Council Directive 75/34/EEC of 17 December 1974
domiciled in the Member State concerned are entitled to                      concerning the right of nationals of a Member State to
such benefits.                                                               remain in the territory of another Member State after
                                                                             having pursued therein an activity in a self-employed
O OJ No C 248 , 23 . 9 . 1995 .
                                                                             capacity;
                                                                       2 . orders Ireland to pay the costs.
                                                                       (') OJ No C 197, 6 . 7. 1996 .
                  JUDGMENT OF THE COURT
                          ( Fifth Chamber)
                          of 12 June 1997
                                                                                       JUDGMENT OF THE COURT
in      Case    C-151/96: Commission of the            European
                     Communities v. Ireland (')                                                of 17 June 1997
 (Failure of a Member State to fulfil its obligations —                in Joined Cases C-65/95 and C-l 11/95 (references for a
Registration of vessels other than fishing vessels —                   preliminary ruling from the High Court of Justice,
              Nationality requirement for the owner)                   Queen's Bench Division): The Queen v. Secretary of State
                                                                       for the Home Department, ex parte: Mann Singh Shingara
                            ( 97/C 228/09 )                            and The Queen v. Secretary of State for the Home
                                                                                   Department, ex parte: Abbas Radiom ( 1 )
                   (Language of the case: English)                      (Free movement of persons — Derogations — Right of
                                                                       entry — Legal remedies — Articles 8 and 9 of Directive
                                                                                                 64/22 1/EEC)
 In Case C-151 /96 : Commission of the European                                                  97/C 228 / 10 )
 Communities ( Agents: Frank Benyon and Xavier Lewis ) v.
 Ireland ( Agent: Michael A. Buckley ) — application for a
 declaration that, by maintaining in force laws, regulations                            (Language of the case: English)
 and administrative provisions which limit the right to
 register a vessel other than a fishing vessel in the Irish            In Joined Cases C-65/95 and C-l 11 /95 : references to the
 shipping register to a vessel which is owned in whole or in            Court under Article 177 of the EC Treaty from the High
 part by the Government, a Minister of State, an Irish                  Court of Justice, Queen's Bench Division (United
 citizen or an Irish body corporate, Ireland has failed to             Kigndom ) for a preliminary ruling in the proceedings
 comply with Articles 6 , 48 , 52 and 58 of the EC Treaty,              pending before that court between The Queen and
 Article 7 of Commission Regulation ( EEC ) No 1251/70 of               Secretary of State for the Home Department, ex parte:
 29 June 1970 on the right of workers to remain in the                 Mann Singh Shingara ( C-65/95 ) and between The Queen
 territory of a Member State after having been employed in              and Secretary of State for the Home Department, ex parte:
 that State ( OJ No L 142 , 30 . 6 . 1970, p. 24 ) and Article 7        Abbas Radiom ( C-l 11/95 ) — on the interpretation of
 of Council Directive 75/34/EEC of 17 December 1974
                                                                        Articles 8 and 9 of Council Directive 64/22 1 /EEC of
 concerning the right of nationals of a Member State to                 25 February 1964 on the coordination of special measures
 remain in the territory of another Member State after                  concerning the movement and residence of foreign
 having pursued therein an activity in a self-employed                  nationals which are justified on grounds of public policy,
 capacity ( OJ No L 14, 20 . 1 . 1975 , p. 10 ) — the Court             public security or public health ( OJ, English Special
  ( Fifth Chamber ), composed of: J. C. Moitinho de                     Edition 1963—1964, p. 117) — the Court, composed of:
 Almeida, President of the Chamber, C. Gulmann, J.-R
                                                                        G. C. Rodriguez Iglesias, President, G. F. Mancini , J. L.
 Puissochet, P. Jann ( Rapporteur ) and M. Wathelet, Judges;            Murray and L. Sevon ( Rapporteur), Presidents of
  C. O. Lenz, Advocate-General; R. Grass, Registrar, has                Chambers, C. N. Kakouris, P. J. G. Kapteyn, C. Gulmann,
 given a judgment on 12 June 1997, in which it:                         D. A. O. Edward, J. -P. Puissochet, G. Hirsch and M.
                                                                        Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate­
                                                                        General; R. Grass, Registrar, has given a judgment on
   1 . declares that, by maintaining in force laws, regulations          17 June 1997, in which it has ruled:
        and administrative provisions which limit the right to
        register a vessel other than a fishing vessel in the Irish
        shipping register to a vessel which is owned in whole            1 . On a proper construction of Article 8 of Council
        or in part by the Government, a Minister of State, an                 Directive 64/221 /EEC of 25 February 1964 on the
        Irish citizen or an Irish body corporate, Ireland has                 coordination of special measures concerning the
        failed to comply with Articles 6, 48, 52 and 58 of the                movement and residence of foreign nationals which
        EC Treaty, Article 7 of Commission Regulation (EEC)                   are justified on grounds of public policy, public
        No 1251 /70 of 29 June 1970 on the right of workers                   security or public health, where under the national