CELEX: C2000/302/12
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court of 4 July 2000 in Case C-62/98: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Regulation (EEC) No 4055/86 — Freedom to provide services — Maritime transport — Article 234 of the EC Treaty (now, after amendment, Article 307 EC)

21.10.2000                EN                    Official Journal of the European Communities                                              C 302/7
      none of the qualifications mentioned in Article 3 of Council         regulation — the Court composed of: G.C. Rodrı́guez Iglesias,
      Directive 78/686/EEC of 25 July 1978 concerning the mutual           President, J.C. Moitinho de Almeida, D.A.O. Edward (Rappor-
      recognition of diplomas, certificates and other evidence of the      teur), L. Sevón and R. Schintgen (Presidents of Chambers),
      formal qualifications of practitioners of dentistry, including       C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragne-
      measures to facilitate the effective exercise of the right of        malm and M. Wathelet, Judges; M. J. Mischo, Advocate
      establishment and freedom to provide services, conditional upon      General; H. von Holstein, Deputy Registrar, has given a
      his having the linguistic knowledge necessary for the exercise of    judgment on 4 July 2000, in which it:
      his profession in the Member State of establishment.
                                                                           1.    Declares that, by failing to denounce or adjust the agreement
                                                                                 on merchant shipping with the Republic of Angola so as to
(1) OJ C 41 of 7.2.1998.                                                         provide for fair, free and non-discriminatory access by all
                                                                                 Community nationals to the cargo shares due to the Portuguese
                                                                                 Republic, as provided for in 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,
                                                                                 the Portuguese Republic has failed to fulfil its obligations under
                                                                                 Articles 3 and 4(1) of that regulation;
                                                                           2.    Orders the Portuguese Republic to pay the costs.
                  JUDGMENT OF THE COURT
                             of 4 July 2000                                (1) OJ C 151 of 16.5.1998.
in Case C-62/98: Commission of the European Communi-
                   ties v Portuguese Republic (1)
(Failure by a Member State to fulfil its obligations —
Regulation (EEC) No 4055/86 — Freedom to provide services
— Maritime transport — Article 234 of the EC Treaty (now,
                after amendment, Article 307 EC)                                            JUDGMENT OF THE COURT
                            (2000/C 302/12)                                                            of 4 July 2000
                                                                           in Case C-84/98: Commission of the European Communi-
                   (Language of the case: Portuguese)                                        ties v Portuguese Republic (1)
                                                                           (Failure by a Member State to fulfil its obligations —
(Provisional translation; the definitive translation will be published
                                                                           Regulation (EEC) No 4055/86 — Freedom to provide services
                     in the European Court Reports)                        — Maritime transport — Article 234 of the EC Treaty (now,
                                                                                          after amendment, Article 307 EC))
In Case C-62/98: Commission of the European Communities
(Agents: A. Caeiro, B. Mongin and M. Afonso) v Portuguese                                             (2000/C 302/13)
Republic (Agents: M.L. Fernandes and M.L. Duarte) — appli-
cation for a declaration that, by failing to denounce or adjust
the agreements concerning merchant shipping concluded with
the Republic of Senegal, approved by Decree No 99/79 of                                      (Language of the case: Portuguese)
14 September 1979, with the Republic of Cape Verde,
approved by Decree No 119/79 of 7 November 1979, with
the Republic of Angola, approved by Decree No 71/79 of                     (Provisional translation; the definitive translation will be published
18 July 1979, and with the Democratic Republic of São Tomé                                    in the European Court Reports)
and Prı́ncipe, approved by Decree No 123/79 of 13 November
1979, so as to provide for fair, free and non-discriminatory
access by all Community nationals to the cargo shares due to               In Case C-84/98: Commission of the European Communities
the Portuguese Republic, as provided for in Council Regulation             (Agents: A. Caeiro, B. Mongin and M. Afonso) v Portuguese
(EEC) No 4055/86 of 22 December 1986 applying the prin-                    Republic (Agents: M.L. Fernandes and M.L. Duarte) — appli-
ciple of freedom to provide services to maritime transport                 cation for a declaration that, by failing to denounce or adjust
between Member States and between Member States and third                  the agreement concerning merchant shipping concluded with
countries (OJ 1986 L 378 p. 1), the Portuguese Republic has                the Federal Republic of Yugoslavia, approved by Decree
failed to fulfil its obligations under Articles 3 and 4(1) of that         No 74/81 of 28 June 1979, which entered into force on