Judgment of the Court (Sixth Chamber) of 11 March 2008 – Commission v France

(Case C‑89/07)

Failure of a Member State to fulfil obligations – Posts in the public service – Posts of master (captain) and officer (chief mate) on board all ships flying the flag of a Member State – Nationality requirement

1.                     Freedom of movement for persons – Exceptions – Protection of public policy, public security and public health (Art. 39(3) EC) (see paras 11-12, operative part)

2.                     Freedom of movement for persons – Exceptions – Posts in the public service – Meaning (Art. 39(4) EC) (see paras 14, 18, operative part)

Re:

Failure of a Member State to fulfil obligations – Article 39(4) EC – Freedom of movement for workers – Exercise of public power – Requirement of French nationality for the pursuit of employment as master (captain) and officer (chief mate) on all vessels flying the French flag – Incompatible with Community law.

Operative part

The Court:

1.

Declares that, by maintaining in its legislation a requirement of French nationality for access to the posts of master (captain) and officer (chief mate) on all vessels flying the French flag, the French Republic has failed to fulfil its obligations under Article 39 EC;

2.

Orders the French Republic to pay the costs.