CELEX: C2007/042/10
Language: en
Date: 2007-02-24 00:00:00
Title: Case C-269/05: Judgment of the Court (Seventh Chamber) of 11 January 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Article 1 of Regulation (EEC) No 4055/86 — Maritime transport — Harbour dues levied on passenger vessels or cargo vessels — Harbour dues levied on vehicles aboard ferries — Discrimination)

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/6
            
         Judgment of the Court (Seventh Chamber) of 11 January 2007 — Commission of the European Communities v Hellenic Republic
   (Case C-269/05) (1)
   
   (Failure of a Member State to fulfil obligations - Article 1 of Regulation (EEC) No 4055/86 - Maritime transport - Harbour dues levied on passenger vessels or cargo vessels - Harbour dues levied on vehicles aboard ferries - Discrimination)
   (2007/C 42/10)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Zavvos and K. Simonsson, Agents)
   
      Defendant: Hellenic Republic (represented by: E. Skandalou, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Breach of Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ 1986 L 378, p. 1) — Harbour dues levied on passenger vessels or cargo vessels — Lower level of dues when transport is between two ports within national territory — Harbour dues levied on vehicles aboard ferries — Dues not levied on vehicles travelling between ports in national territory
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Declares that, by maintaining in force:
               
                           —
                        
                        
                           the harbour dues levied on passenger vessels (including cruise ships) or on cargo vessels when they enter into harbour, berth and anchor in the ports of Piraeus and Thessaloniki, applying a lower level of dues when transport is between two ports within Greece as compared with cases where transport is to a destination outside Greece,
                        
                     
                           —
                        
                        
                           harbour dues for the benefit of the harbour funds of the Port Authorities AE, set up by Law No 2932/2001, and of the ports of Piraeus and Thessaloniki, which are levied on vehicles aboard ferries on international routes, while similar dues are not levied on routes between Greek ports,
                        
                     
                           —
                        
                        
                           the right to levy dues on vehicles aboard vehicle ferries with a foreign port destination for the benefit of municipalities and communities,
                        
                     the Hellenic Republic has failed to fulfil its obligations under Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries;
            
         
               2.
            
            
               Orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 229, 17.9.2005.