Keywords
Summary

Keywords

Transport - Maritime transport - Freedom to provide services - Restrictions - National rule requiring payment of a tariff by sea-going vessels longer than 41 metres only - Whether permissible - Conditions

(EC Treaty, Arts 56 and 59 (now, after amendment, Arts 46 EC and 49 EC); Council Regulation No 4055/86)

Summary

$$As regards situations falling within the scope of Regulation No 4055/86 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries, that regulation, in conjunction with Articles 56 and 59 of the EC Treaty (now, after amendment, Articles 46 EC and 49 EC), does not preclude a vessel traffic services system provided for under national law which requires the payment of a tariff by sea-going vessels longer than 41 metres which participate in that system on a mandatory basis, while other vessels, such as inland waterway vessels, are exempt from that tariff, in so far as there is in fact a correlation between the amount of that tariff and the cost of the service from which those sea-going vessels benefit.

( see para. 44, operative part )