Keywords
Summary

Keywords

Transport – Maritime transport – Freedom to provide services – Maritime cabotage – National legislation which makes maritime cabotage services subject to prior authorisation

(Council Regulation No 3577/92, Arts 1 and 4)

Summary

Article 1 in conjunction with Article 4 of Regulation No 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) must be interpreted as not precluding national legislation which establishes a system of prior authorisation for maritime cabotage services providing for the adoption of administrative decisions imposing observance of certain timeslots for reasons relating, first, to the safety of ships and order in ports and, second, to public service obligations, provided that such a system is based on objective, non-discriminatory criteria known in advance, particularly in cases in which several shipowners wish to enter the same port at the same time. With respect to the administrative decisions imposing public service obligations, it is in addition necessary that a genuine public service need arising from the inadequacy of the regular transport services under conditions of free competition can be demonstrated. It is for the national court to determine whether in the main proceedings those conditions are met.

(see para. 63, operative part)