Official Journal of the European Union

C 139/11

(Joined Cases C-128/10 and C-129/10) (<span class="super">1</span>)

(Reference for a preliminary ruling - Freedom to provide services - Maritime cabotage - Regulation (EEC) No 3577/92 - Articles 1 and 4 - Prior administrative authorisation for cabotage services - Review of conditions relating to the safety of ships - Maintenance of order in ports - Public service obligations - Absence of precise criteria known in advance)

2011/C 139/18

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicants: Navtiliaki Etairia Thasou AE (C-128/10), Amalthia I Navtiki Etairia (C-129/10)

Defendant: Ipourgos Emborikis Navtilías

Intervener: Koinopraxia Epibatikon Ochimatagogon Ploion Kavalas — Thasou (C-128/10)

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Arts 1, 2 and 4 of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ 1992 L 364, p. 7) — National legislation requiring prior administrative authorisation for cabotage services — System aimed at verifying whether schedules can be implemented under conditions of safety for the ship and maintenance of order in the port — No precise criteria known in advance

Operative part of the judgment

The provisions of Article 1 in conjunction with Article 4 of Council Regulation (EEC) No 3577/92 of 7 December 1992 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 compliance with 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 which are known in advance, particularly in cases where more than one shipowner is interested in entering the same port at the same time. With respect to the administrative decisions imposing public service obligations, it is also 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.

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(<span class="super">1</span>) OJ C 134, 22.5.2010.