CELEX: C1996/158/02
Language: en
Date: 1996-06-01 00:00:00
Title: Action brought on 7 March 1996 by the Commission of the European Communities against the Hellenic Republic (Case C-62/96)

No C 158/2          | EN 1                  Official Journal of the European Communities                                       1 . 6 . 96
     1 7 December 1 974 concerning the right ofnationals ofa            The legislation concerns fishing boats but can equally be
     Member State to remain in the territory of another                 applied to commercial and pleasure boats which are used as
     Member State after having pursued therein an activity in           a means of pursuing an economic activity .
     a self-employed capacity.
                                                                       With regard to boats which are not used as a means of
                                                                       pursuing an economic activity but for recreational purposes,
2 . Declares that, by not taking the appropriate measures to
                                                                       the Commission considers that the requirements for their
     comply with the judgment of 4 April 1974 in Case
                                                                       registration under Greek legislation are contrary to
     167/73 Commission v. France [1974] ECR 359, the
                                                                       Articles 6 , 48 and 52 of the Treaty and to Article 7 of
     French Republic has failed to fulfil its obligations under
                                                                       Regulation ( EEC ) No 1251 /70 and Article 7 of Council
     Article 171 of the EC Treaty.                                     Directive 75/34/EEC, inasmuch as workers within the
                                                                       meaning of Article 48 , or professional people within the
3 . Orders the French Republic to pay the costs.                       meaning of Article 52, should receive the same treatment as
                                                                       nationals, both as regards the exercise of their activity and as
                                                                       regards the conditions of their residence in the State in
(') OJ No C 386 , 31 . 12 . 1994 .                                     question .
                                                                       The Commission considers that the right to register a vessel
                                                                       in the national registers of shipping and to fly the flag of the
                                                                       State in question may contribute to the absorption of a
                                                                       person into the host country and, consequently, to the
                                                                       realization of the aim of freedom of movement for persons
                                                                       within the meaning of Articles 48 and 52 of the Treaty .
Action brought on 7 March 1996 by the Commission of the
   European Communities against the Hellenic Republic
                        ( Case C-62/96 )                               C ) OJ, English Special Edition 1970 ( II ), p . 402 .
                                                                       ( 2 ) OJ No L 14, 20 . 1 . 1975 , p . 10 .
                          ( 96/C 158/02 )
An action against the Hellenic Republic was brought before
the Court of Justice on 7 March 1996 by the Commission of
the European Communities, represented by Frank Benuon,
Legal Adviser to the Commission's Legal Service and Maria
Condou-Durande of its Legal Service, with an address for              Reference for a preliminary ruling from the Tribunale
service in Luxembourg at the office of Carlo Gomez de la              Amministrativo Regionale per il Veneto — Second Chamber
Cruz, also of the Commission's Legal Service, Wagner                  — by order of that court of 14 December 1995 in the case of
Centre, Kirchberg.                                                    David Petrie, Robert Hill and David John Newbold v.
                                                                      Université degli Studi di Verona, and in the presence of
                                                                                                  Camilla Bettoni
The applicant claims that the Court should :
                                                                                                  ( Case C-90/96 )
                                                                                                    ( 96/C 158 /03 )
— declare that, by maintaining in force legal provisions
    which restrict the right to registration in the Greek
    registers of shipping to vessels owned as to a percentage         Reference has been made to the Court of Justice of the
    over 50 % by Greek nationals or by Greek legal persons            European Communities by an order of the Tribunale
    whose capital is owned as to the same percentage by               Amministrativo Regionale per il Veneto ( Regional
    Greek nationals, the Hellenic Republic has failed to fulfil       Administrative Court for the Veneto ) — Second Chamber
    its obligations under Articles 6 , 48 , 52, 58 and 221 of the     — of 14 December 1995 , which was received at the Court
    EEC Treaty, Article 7 of Commission Regulation ( EEC )            Registry on 21 March 1996 , for a preliminary ruling in the
    No 1251 /70 of 29 June 1970 ( J ) and Article 7 of Council        case of David Petrie, Robert Hill and David John Newbold
    Directive 75/34/EEC of 17 December 1974 ( 2 );                    against Université degli Studi di Verona (Verona
                                                                      University ), in the presence of Camilla Bettoni, on :
— order the Hellenic Republic to pay the costs.
                                                                      whether Articles 5 and 48 of the EEC Treaty and Articles 1
                                                                      and 3 of Council Regulation ( EEC ) No 1612/68 ( 1 ) of
Pleas in law and main arguments                                        15 October 1968 have to be interpreted as precluding a
                                                                      Member Srate's legislation from restricting the possibility of
The requirements laid down by Greek legislation for the               obtaining course-teaching appointments and temporary
registration of vessels in the Greek registers of shipping are        university teaching posts to specific categories, such as those
similar to those examined by the Court of Justice in Cases            provided for under Italian legislation, within a framework
C-221/89 Factortame [ 1991 ] ECR 3905 and C-246/89                    of legislation and administrative practice of the kind that
Commission v. United Kingdom [ 1991 ] ECR 1-4585 . The                exists in Italy, rather than providing that foreign-language
Court held that requirements of that kind are contrary to             university assistants with an employment relationship for an
Articles 6 , 52, 58 and 221 of the Treaty.                            indeterminate period with an Italian university are also