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Document 62025CN0623

Case C-623/25: Action brought on 18 September 2025 – European Commission v Republic of Malta

OJ C, C/2025/5681, 3.11.2025, ELI: http://data.europa.eu/eli/C/2025/5681/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2025/5681/oj

European flag

Official Journal
of the European Union

EN

C series

C/2025/5681

3.11.2025

Action brought on 18 September 2025 – European Commission v Republic of Malta

(Case C-623/25)

(C/2025/5681)

Language of the case: English

Parties

Applicant: European Commission (represented by: D. Gauci and C. Georgieva, acting as Agents)

Defendant: Republic of Malta

The applicant claims that the Court should:

—

declare that by applying in its national legislation a regime that regulates (i) a quota and authorisation scheme for all port workers and (ii) within that system, a preferential scheme for family members of incumbent port workers, the Republic of Malta has failed to fulfil its obligations under Articles 45, 49 and 56 TFEU;

—

order Republic of Malta to pay the costs.

Pleas in law and main arguments

First, according to the Commission, the Republic of Malta is in breach of Articles 49 and 56 TFEU on the freedom of establishment and the freedom to provide services by applying a quota to port workers and granting a preferential access to family members to port workers activities. The Commission considers that there are no grounds capable of justifying the restrictions to the freedom of establishment and the freedom to provide services caused by the Maltese port workers regime.

Second, the Republic of Malta is in breach of Article 45 TFEU regarding the free movement of workers because the quota to port workers and the preferential access to family members to port workers activities are capable of hindering or rendering less attractive the exercise by Union nationals of the fundamental freedoms guaranteed by the Treaty.

ELI: http://data.europa.eu/eli/C/2025/5681/oj

ISSN 1977-091X (electronic edition)

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