CELEX: C2007/095/40
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-89/07: Action brought on 15 February 2007 — Commission of the European Communities v French Republic

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/23
            
         Action brought on 15 February 2007 — Commission of the European Communities v French Republic
   (Case C-89/07)
   (2007/C 95/40)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Rozet, Agent)
   
      Defendant: French Republic
   Form of order sought
   
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               Declare that by maintaining in force in its national law a requirement of French nationality for the pursuit of employment as master (captain) or officer (chief mate) on all vessels flying the French flag, the French Republic has failed to fulfil its obligations under Article 39 EC;
            
         
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               order the French Republic to pay the costs.
            
         Pleas in law and main arguments
   In so far as it imposes a requirement of French nationality for the pursuit of employment as master (captain) or officer (chief mate) on all vessels flying the French flag, French legislation conflicts with the provisions of Community law relating to freedom of movement for workers, as interpreted by the Court of Justice in its judgments of 30 September 2003 in Case C-405/01 Colegio de Oficiales de la Marina Mercante Española [2003] ECR I-10391 and in Case C-47/02 Anker and Others [2003] ECR I-10447. Such a nationality requirement can be imposed only in respect of the posts of master and chief mate actually involving the exercise of rights conferred by public law on a regular basis.