CELEX: 62008CJ0460
Language: en
Date: 2009-12-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 December 2009. # European Commission v Hellenic Republic. # Failure of a Member State to fulfil obligations - Article 39 EC - Employment in the public service - Captain and officer (chief mate) on vessels - Conferment of powers of public authority on board - Requirement that they be nationals of the Member State whose flag the vessels fly. # Case C-460/08.

Judgment of the Court (Sixth Chamber) of 10 December 2009 – Commission v Greece
      (Case C-460/08)
      Failure of a Member State to fulfil obligations – Article 39 EC – Employment in the public service – Captain and officer (chief mate) on vessels – Conferment of powers of public authority on board – Requirement that they be nationals of the Member State whose flag the vessels fly
      1.                     Freedom of movement for persons – Exceptions – Posts in the public service (Art. 39(4) EC) (see paras 30-31, 33-34 and operative
            part)
      2.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 35)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 39 of the EC Treaty – National legislation which
                  reserves for Greek nationals access to the posts of captain and officer (chief mate) on all commercial and fishing vessels
                  flying the Greek flag.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by requiring in its legislation Greek nationality for access to the posts of captain and officer (chief mate)
                     on all vessels flying the Greek flag, the Hellenic Republic has failed to fulfil its obligations under Article 39 EC;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.