Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

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.