CELEX: C2002/247/13
Language: en
Date: 2002-10-12 00:00:00
Title: Case C-300/02: Action brought on 26 August 2002 by the Hellenic Republic against the Commission of the European Communities

C 247/8                EN                   Official Journal of the European Communities                                   12.10.2002
(2) order the Netherlands Government to pay the costs.                 Action brought on 26 August 2002 by the Hellenic
                                                                       Republic against the Commission of the European Com-
                                                                                                     munities
Pleas in law and main arguments                                                                 (Case C-300/02)
                                                                                                (2002/C 247/13)
(As to the conditions concerning the status as Community
nationals of the shareholders and directors of companies,
pursuant to Article 311(3) of the Wetboek van Koophandel)
                                                                       An action against the Commission of the European Communi-
It follows from the wording of Article 48 EC that a company’s
                                                                       ties was brought before the Court of Justice of the European
connection with the Community may not be based on the
nationality of the persons owning or managing it, but rather           Communities on 26 August 2002 by the Hellenic Republic,
                                                                       represented by Ioannis Khalkias and Georgios Kanellopoulos.
on the following circumstances:
(1) incorporation of the company in accordance with the
       laws of a Member State; and                                     The applicant claims that the Court should:
(2) maintenance by the company of its registered office,               —     annul Decision C(2002) 2281 final of 26 June 2002 (1)
       central administration or principal place of business                 excluding from Community financing certain expenditure
       within the Community.                                                 incurred by the Member States under the Guarantee
                                                                             Section of the EAGGF, in so far as it relates to financial
                                                                             corrections to the detriment of the Hellenic Republic in
A condition requiring possession of the status of a Community                the arable crops sector;
national cannot constitute an appropriate means by which a
Member State may exercise control, as required by Article 91
of the UN Convention on the Law of the Sea, over sea-going             —     allow the present application and annul or, in the
vessels which fly its flag. The Commission is unable to see                  alternative, amend the contested Commission decision
what advantage the authority of a Member State having                        with regard to its particular chapters concerning financial
responsibility for the shipping register may derive from the                 corrections to the detriment of the Hellenic Republic.
Greek, Finnish or French nationality of the actual managers of
a shipping company which would be denied to it if those
managers were Japanese or American nationals. The argument
that, in order for the State whose flag a vessel flies to be able
to exercise actual control over that vessel, the shareholders
must be Community nationals, is equally disputable.                    Pleas in law and main arguments
                                                                       —     Incorrect legislative interpretation;
(As to the condition concerning the status as Community
                                                                       —     incorrect interpretation and application of Article 5(2)(c)
nationals of the persons responsible for the day-to-day man-
                                                                             of Regulation (EEC) No 729/70;
agement and of the directors of a shipping company, pursuant
to Article 311(1)(c) of the Wetboek van Koophandel and
Article 8:169 of the Burgerlijk Wetboek)                               —     incorrect assessment of the facts;
The Commission refers to its submissions concerning its first          —     defective statement of reasons;
plea in law. It maintains that it can find no justification for a
measure whereby a company may have a sea-going vessel
registered in the Netherlands where the day-to-day manage-             —     breach of the principle of proportionality.
ment of the company is entrusted to a Community national,
regardless of the latter’s place of residence, but prohibiting
registration where such day-to-day management is entrusted
                                                                       (1 ) OJ No L 170, 29.6.2002, p. 77.
to a national of a third country who resides in the Netherlands.