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Document 61994CJ0334
Judgment of the Court (Sixth Chamber) of 7 March 1996. # Commission of the European Communities v French Republic. # Failure of a State to fulfil obligations - Registration of vessels - Right to fly the French flag - Nationality requirements for owner and crew - Failure to comply with the judgment in Case 167/73. # Case C-334/94.
Judgment of the Court (Sixth Chamber) of 7 March 1996.
Commission of the European Communities v French Republic.
Failure of a State to fulfil obligations - Registration of vessels - Right to fly the French flag - Nationality requirements for owner and crew - Failure to comply with the judgment in Case 167/73.
Case C-334/94.
Judgment of the Court (Sixth Chamber) of 7 March 1996.
Commission of the European Communities v French Republic.
Failure of a State to fulfil obligations - Registration of vessels - Right to fly the French flag - Nationality requirements for owner and crew - Failure to comply with the judgment in Case 167/73.
Case C-334/94.
European Court Reports 1996 I-01307
ECLI identifier: ECLI:EU:C:1996:90
«(Failure of a State to fulfil obligations – Registration of vessels – Right to fly the French flag – Nationality requirements for owner and crew – Failure to comply with the judgment in Case 167/73)»
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(EC Treaty, Arts 6, 48, 52, 58 and 221; Commission Regulation No 1251/90, Art. 7; Council Directive 75/34, Art. 7)
(EC Treaty, Art. 171)
JUDGMENT OF THE COURT (Sixth Chamber)
7 March 1996 (1)
((Failure of a State to fulfil obligations – Registration of vessels – Right to fly the French flag – Nationality requirements for owner and crew – Failure to comply with the judgment in Case 167/73))
In Case C-334/94,
Commission of the European Communities, represented by Gérard Rozet, Legal Adviser, and Xavier Lewis, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,applicant,
v
French Republic, represented by Edwige Belliard, Assistant Director in the Legal Directorate of the Ministry for Foreign Affairs, and Hubert Renié, Foreign Affairs Secretary in the same directorate, acting as Agents, with an address for service in Luxembourg at the French Embassy, 9 Boulevard du Prince Henri,defendant,
APPLICATION for a declaration that─ by retaining in force laws, regulations and administrative provisions restricting the right to register a vessel in the national register and to fly the national flag to vessels more than half the shares in which are owned by natural persons of French nationality or which are owned by legal persons having a seat in France or legal persons a certain proportion of whose directors, administrators or managers must be French nationals or, in the case of a private limited company, limited partnership, or general commercial or non-commercial partnership, more than half of whose capital must be held by French citizens or all of whose capital must be held by French persons who fulfil certain conditions, the French Republic has failed to fulfil its obligations under Articles 6, 48, 52, 58 and 221 of the EC Treaty, Article 7 of Regulation (EEC) No 1251/70 of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (OJ, English Special Edition 1970 (II), p. 402) and Article 7 of Council Directive 75/34/EEC of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity (OJ 1975 L 14, p. 10), and─ by not taking the appropriate measures to comply with the judgment of 4 April 1974 in Case 167/73 Commission v France [1974] ECR 359,the French Republic has failed to fulfil its obligations under Article 171 of the EC Treaty,THE COURT (Sixth Chamber),,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 16 November 1995,
gives the following
On those grounds,
THE COURT (Sixth Chamber)
hereby:
Kakouris |
Mancini |
Schockweiler |
Murray |
Ragnemalm |
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R. Grass |
C.N. Kakouris |
Registrar |
President of the Sixth Chamber |