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Opinion of Mr Advocate General Jacobs delivered on 30 March 2000. # Commission of the European Communities v French Republic. # Failure by a Member State to fulfil its obligations - Freedom to provide services - Regulation (EEC) No 3577/92 - Maritime cabotage - Ships flying the French flag. # Case C-160/99.
ECLI:EU:C:2000:179
61999CC0160
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Important legal notice
61999C0160
European Court reports 2000 Page I-06137
Opinion of the Advocate-General
As from 1 January 1993, freedom to provide maritime transport services within a Member State (maritime cabotage) shall apply to Community shipowners who have their ships registered in, and flying the flag of a Member State, provided that these ships comply with all conditions for carrying out cabotage in that Member State, including ships registered in Euros, once that Register is approved by the Council.
- cruise services, until 1 January 1995,
- transport of strategic goods (oil, oil products and drinking water), until 1 January 1997,
- services by ships smaller than 650 gt, until 1 January 1998,
- regular passenger and ferry services, until 1 January 1999.
4. The French legislation on maritime cabotage is contained in the French Customs Code of 11 May 1977. Article 257(1) of the Code provides that transport services carried out between the ports of metropolitan France shall be reserved to ships flying the French flag. However, the Minister responsible for the merchant navy may authorise a foreign ship to carry out a particular transport service.
Conclusion
8. Accordingly, the Court should in my opinion:
(1) declare that, by maintaining unamended Article 257(1) of the French Customs Code as regards Community shipowners covered by Article 1(1) 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), the French Republic has failed to fulfil its obligations under that regulation;
(2) order the French Republic to pay the costs.