4.4.2009   

EN

Official Journal of the European Union

C 82/3


Judgment of the Court (Second Chamber) of 12 February 2009 — Commission of the European Communities v Hellenic Republic

(Case C-45/07) (1)

(Failure of a Member State to fulfil obligations - Articles 10 EC, 71 EC and 80(2) EC - Maritime safety - Monitoring of ships and port facilities - International agreements - Division of powers between the Community and the Member States)

(2009/C 82/04)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: K. Simonsson, M. Konstantinidis, F. Hoffmeister and I. Zervas, Agents)

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

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: I. Rao, Agent, and D. Anderson QC)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 10, 71 and 80(2) of the EC Treaty — Submission to an international organisation of a proposal which falls within a field covered by exclusive Community external competence — Maritime safety — Proposal for monitoring the compliance of ships and port facilities with the requirements of Chapter XI-2 of SOLAS and the ISPS Code

Operative part of the judgment

The Court:

1.

Declares that, by submitting to the International Maritime Organisation (IMO) a proposal (MSC 80/5/11) for monitoring the compliance of ships and port facilities with the requirements of Chapter XI-2 of the International Convention for the Safety of Life at Sea, concluded in London on 1 November 1974, and the International Ship and Port Facility Security Code, the Hellenic Republic has failed to fulfil its obligations under Articles 10 EC, 71 EC and 80(2) EC.

2.

Orders the Hellenic Republic to pay the costs.


(1)  OJ C 82, 14.4.2007.