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Document C2005/229/11

Case C-269/05: Action brought on 23 June 2005 by the Commission of the European Communities against the Hellenic Republic

OJ C 229, 17.9.2005, p. 5–6 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

17.9.2005   

EN

Official Journal of the European Union

C 229/5

Action brought on 23 June 2005 by the Commission of the European Communities against the Hellenic Republic

(Case C-269/05)

(2005/C 229/11)

Language of the case: Greek

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 23 June 2005 by the Commission of the European Communities, represented by Knut Simonsson and Georgios Zavvos, members of its Legal Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

(1)

declare 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, namely:

—

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 under Article 26(13) of Law No 1828/1989,

the Hellenic Republic has failed to fulfil its obligations under Article 1 of Council Regulation (EEC) No 4055/86 (1) 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.

order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Commission complains that the Hellenic Republic did not transpose correctly into its national legal system the provisions of Regulation No 4055/86, as interpreted by the Court of Justice (Case C-381/93 Commission v France,   (2) Case C-18/93 Corsica Ferries Italia, (3) and Case C-435/00 Geha Naftiliaki  (4)).

(1)  OJ L 378 of 31.12.1986, p. 1.

(2)  [1994] ECR I-5145.

(3)  [1998] ECR I-1783.

(4)  [2002] ECR I-10615.

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