22.5.2010

Official Journal of the European Union

C 134/26

(Case C-129/10)

2010/C 134/39

Language of the case: Greek

Referring court

Simvoulio tis Epikratias (Council of State), Greece

Parties to the main proceedings

Applicant: Amalthia I Navtiki Etairia

Defendant: Ipourgos Emborikis Nautilias (Minister for Mercantile Marine)

Question referred

Do the provisions of Articles 1 and 2 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), interpreted in accordance with the principle of freedom to provide services, allow national schemes to be adopted, whereby shipowners cannot provide cabotage services without a prior administrative authorisation issued, in the context of an authorisation system aimed inter alia at ensuring verification of whether, in light of the prevailing conditions in a specific port, the schedules declared by the shipowner can be implemented under conditions of safety for the ship and maintenance of order in the port and verification of the ability of the scheduled vessel to enter a specific port unhindered at the time declared by the shipowner as the preferred time for a specific service without, however, determination in advance in a legal rule of the criteria on the basis of which the authorities rule on such questions, especially in cases where more than one shipowner is interested in entering the same port at the same time?

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