CELEX: C1998/041/04
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 27 November 1997 in Case C-62/96: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil its obligations - Registration of vessels - Nationality requirement for the owner)

7.2.98                EN                   Official Journal of the European Communities                                       C 41/3
               JUDGMENT OF THE COURT                                       Republic has failed to fulfil its obligations under
                                                                           Articles 6, 48, 52, 58 and 221 of the EC Treaty,
                       (Fifth Chamber)                                     Article 7 of Regulation (EEC) No 1251/70 of the
                                                                           Commission of 29 June 1970 on the right of workers
                    of 27 November 1997                                    to remain in the territory of a Member State after
                                                                           having been employed in that State and Article 7 of
       in Case C-62/96: Commission of the European                         Council Directive 75/34/EEC of 17 December 1974
            Communities v. Hellenic Republic (1)                           concerning the right of nationals of a Member State to
                                                                           remain in the territory of another Member State after
(Failure of a Member State to fulfil its obligations Ð
                                                                           having pursued therein an activity in a self-employed
Registration of vessels Ð Nationality requirement for the
                                                                           capacity;
                            owner)
                         (98/C 41/04)
                                                                      2. orders the Hellenic Republic to pay the costs.
                (Language of the case: Greek)                         (1) OJ C 158, 1.6.1996.
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                                     JUDGMENT OF THE COURT
                                                                                              (Fifth Chamber)
In Case C-62/96: Commission of the European                                               of 27 November 1997
Communities (Agents: Frank Benyon and Maria Condou
Durande) v. Hellenic Republic (Agents: Aikaterini Samoni-                    in Case C-137/96: Commission of the European
Randou, assisted by Evi Skandalou and Stamatina Vodina)                     Communities v. Federal Republic of Germany (1)
Ð application for a declaration that, by maintaining in
force legislative provisions which restrict the right to              (Failure of a Member State to fulfil its obligations Ð
registration in the Greek shipping registers to vessels more                   Non-transposition of Directive 91/414/EEC)
than half the shares in which are owned by Greek
nationals or owned by Greek legal persons more than half                                        (98/C 41/05)
of whose capital is held by Greek nationals, the Hellenic
Republic has failed to fulfil its obligations under Articles 6,
48, 52, 58 and 221 of the EC Treaty, Article 7 of
Regulation (EEC) No 1251/70 of the Commission of                                     (Language of the case: German)
29 June 1970 on the right of workers to remain in the
territory of a Member State after having been employed in
that State (OJ, English Special Edition 1970 (II), p. 402)
and Article 7 of Council Directive 75/34/EEC of
17 December 1974 concerning the right of nationals of a                 (Provisional translation; the definitive translation will be
Member State to remain in the territory of another                              published in the European Court Reports)
Member State after having pursued therein an activity in a
self-employed capacity (OJ L 14, 20.1.1975, p. 10) Ð the
Court (Fifth Chamber), composed of: M. Wathelet,
                                                                      In Case C-137/96: Commission of the European
President of the First Chamber, acting as President of the
                                                                      Communities (Agent: Klaus-Dieter Borchardt) against
Fifth Chamber, J. C. Moitinho de Almeida, D. A. O.
                                                                      Federal Republic of Germany (Agents: Ernst Röder and
Edward, P. Jann (Rapporteur) and L. Sevón, Judges; G.
                                                                      Sabine Maaû) Ð application for a declaration that, by not
Tesauro, Advocate-General; H. A. Rühl, Principal
                                                                      adopting within the period prescribed all the laws,
Administrator, for the Registrar, has given a judgment on
                                                                      regulations and administrative provisions necessary for the
27 November 1997, in which it:
                                                                      transposition into domestic law of Council Directive 91/
                                                                      414/EEC of 15 July 1991 concerning the placing of plant
                                                                      protection products on the market (OJ L 230, 19.8.1991,
                                                                      p. 1), the Federal Republic of Germany has failed to fulfil
1. declares that, by maintaining in force legislative                 its obligations under the EC Treaty Ð the Court (Fifth
     provisions which restrict the right to registration in the       Chamber) composed of: C. Gulmann, President of the
     Greek shipping registers to vessels more than half the           Chamber, M. Wathelet, J. C. Moitinho de Almeida, J.-P.
     shares in which are owned by Greek nationals or                  Puissochet (Rapporteur) and L. Sevón, Judges; A. La
     owned by Greek legal persons more than half of                   Pergola, Advocate-General; R. Grass, Registrar, gave a
     whose capital is held by Greek nationals, the Hellenic           judgment on 27 November 1997, in which it: