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Document C2004/300/19
Judgment of the Court (First Chamber) of 14 October 2004 in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality — National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence)
Judgment of the Court (First Chamber) of 14 October 2004 in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality — National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence)
Judgment of the Court (First Chamber) of 14 October 2004 in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality — National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence)
IO C 300, 4.12.2004, p. 10–10
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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4.12.2004 |
EN |
Official Journal of the European Union |
C 300/10 |
JUDGMENT OF THE COURT
(First Chamber)
of 14 October 2004
in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (1)
(Failure of a Member State to fulfil obligations - Articles 43 EC and 48 EC - National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality - National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence)
(2004/C 300/19)
Language of the case: Dutch
In Case C-299/02: action under Article 226 EC for failure to fulfil obligations, brought on 23 August 2002, between Commission of the European Communities (Agents: K.H.I. Simonsson and H.H. Speyart) and Kingdom of the Netherlands (Agents: H.G. Sevenster and S. Terstal) — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas and R. Silva de Lapuerta, Judges; P. Léger, Advocate General; R. Grass, Registrar, has given a judgment on 14 October 2004, in which it:
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1. |
Declares that, by adopting and maintaining in its legislation Article 311 of the Wetboek van Koophandel and Article 8:169 of the Burgerlijk Wetboek, under which certain conditions are fixed concerning:
the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 43 EC and 48 EC; |
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2. |
Orders the Kingdom of the Netherlands to pay the costs. |