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Document 62008CA0508

Case C-508/08: Judgment of the Court (Second Chamber) of 28 October 2010 — European Commission v Republic of Malta (Failure of a Member State to fulfil obligations — Freedom to provide maritime transport services — Regulation (EEC) No 3577/92 — Articles 1 and 4 — Cabotage services within a Member State — Obligation to conclude public service contracts on a non-discriminatory basis — Conclusion of an exclusive contract, without a prior call for tenders, before the date of accession of a Member State to the European Union)

OJ C 346, 18.12.2010, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

18.12.2010   

EN

Official Journal of the European Union

C 346/7


Judgment of the Court (Second Chamber) of 28 October 2010 — European Commission v Republic of Malta

(Case C-508/08) (1)

(Failure of a Member State to fulfil obligations - Freedom to provide maritime transport services - Regulation (EEC) No 3577/92 - Articles 1 and 4 - Cabotage services within a Member State - Obligation to conclude public service contracts on a non-discriminatory basis - Conclusion of an exclusive contract, without a prior call for tenders, before the date of accession of a Member State to the European Union)

2010/C 346/11

Language of the case: Maltese

Parties

Applicant: European Commission (represented by: J. Aquilina and K. Simonsson, Agents)

Defendant: Republic of Malta (represented by: S. Camilleri, L. Spiteri and A. Fenech, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ 1992 L 364, p. 7) — Conclusion of an exclusive contract, without a prior call for tenders, for the provision of maritime transport between Malta and Gozo

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the European Commission to pay the costs.


(1)  OJ C 32, 7.2.2009.


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