24.2.2007   

EN

Official Journal of the European Union

C 42/2


Judgment of the Court (Second Chamber) of 11 January 2007 — Commission of the European Communities v Hellenic Republic

(Case C-251/04) (1)

(Failure of a Member State to fulfil obligations - Articles 1 and 2(1) of Regulation (EEC) No 3577/92 - Transport - Freedom to provide services - Maritime cabotage - Towage services on open sea)

(2007/C 42/02)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: G. Zavvos and K. Simonsson, Agents)

Defendant: Hellenic Republic (represented by: A. Samoni and S. Chala, Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Article 1 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) — National legislation granting only vessels flying the Greek flag the right to provide towage services on open sea.

Operative part of the judgment

The Court:

1.

Dismisses the application;

2.

Orders the Commission of the European Communities to pay the costs.


(1)  OJ C 201, 7.8.2004.