CELEX: C2007/082/35
Language: en
Date: 2007-04-14 00:00:00
Title: Case C-45/07: Action brought on 2 February 2007 — Commission of the European Communities v Hellenic Republic

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/19
            
         Action brought on 2 February 2007 — Commission of the European Communities v Hellenic Republic
   (Case C-45/07)
   (2007/C 82/35)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: K. Simonsson, M. Konstantinidis and F. Hoffmeister)
   
      Defendant: Hellenic Republic
   Form of order sought
   
               —
            
            
               declare that, by submitting to the International Maritime Organisation (IMO) on 18 March 2005 a proposal for ‘Monitoring the compliance of ships and port facilities with the requirements of Chapter XI-2 of SOLAS and the ISPS Code’, the Hellenic Republic has failed to fulfil its obligations under Articles 10, 71 and 80(2) of the Treaty establishing the European Community;
            
         
               —
            
            
               order the Hellenic Republic to pay the costs.
            
         Pleas in law and main arguments
   According to the Commission, the submission by the Hellenic Republic to the International Maritime Organisation of a proposal in respect of a matter covered by Regulation (EC) No 725/2004 (1) on enhancing ship and port facility security, without being authorised so to do by the Community, constitutes a breach of its obligations under Articles 10, 71 and 80(2) of the Treaty establishing the European Community.
   The Commission submits that, since the adoption of Regulation No 725/2004, the Community has had exclusive competence with regard to entering into international obligations in the field of maritime security. Consequently, the Member States no longer have the power to present national views to the International Maritime Organisation on matters which fall within exclusive Community competence, unless they receive such authorisation from the Community.
   
      (1)  OJ L 129, 29.4.2004, p. 6.