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Case C-413/24, Vlaams Gewest: Request for a preliminary ruling from the Ondernemingsrechtbank Gent, afdeling Oostende (Belgium), lodged on 13 June 2024 – Vlaams Gewest v P&O North Sea Ferries Limited, P&O Ferries Limited

ECLI:EU:UNKNOWN:62024CN0413

62024CN0413

June 13, 2024
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Official Journal of the European Union

C series

C/2024/5307

9.9.2024

(Case C-413/24, Vlaams Gewest)

(C/2024/5307)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Vlaams Gewest

Defendants: P&O North Sea Ferries Limited, P&O Ferries Limited

Intervener: P&O North Sea Ferries Limited

Questions referred

1.Does a vessel traffic services (VTS) regime, with the associated fixed tariff based on the length of the vessel, that applies to maritime traffic to a Flemish port from a port in another Member State, but which does not apply to traffic between Flemish ports because such traffic is exempt from the tariff, constitute an obstacle to the freedom to provide services pursuant to Regulation (EEC) No 4055/86 (1) of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries, in conjunction with Article 56 TFEU?

2.Does the application of a uniform VTS tariff based solely on the length of the vessel for access to ports that are substantially different have the effect of rendering the VTS tariff contrary to the freedom to provide services in Article 56 TFEU and Regulation (EEC) No 4055/86 …, because other important factors specific to the route of navigation to the port, such as the distance travelled by the vessel in the VTS area, the distance between the open sea and the port, and the complexity and particular characteristics of the port are not taken into account?

3.Should Article 191 of the Trade and Cooperation Agreement (2) of 30 December 2020 between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, be interpreted as meaning that, even after the withdrawal, service providers established in the United Kingdom of Great Britain and Northern Ireland can invoke EU law, and questions 1 and 2 should be answered in the same way both before and after the withdrawal of the United Kingdom of Great Britain and Northern Ireland?

Council Regulation (EEC) No 4055/86 of 22 December 1986 (OJ 1986 L 378, p. 1).

OJ 2020 L 444, p. 14.

ELI: http://data.europa.eu/eli/C/2024/5307/oj

ISSN 1977-091X (electronic edition)

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