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Case C-460/08: Judgment of the Court (Sixth Chamber) of 10 December 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Article 39 EC — Employment in the public service — Captain and officer (chief mate) on vessels — Conferment of powers of public authority on board — Requirement that they must be nationals of the Member State whose flag the vessels are flying)
ECLI:EU:UNKNOWN:62008CA0460
62008CA0460
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Official Journal of the European Union
30.1.2010
(Case C-460/08)
(Failure of a Member State to fulfil obligations - Article 39 EC - Employment in the public service - Captain and officer (chief mate) on vessels - Conferment of powers of public authority on board - Requirement that they must be nationals of the Member State whose flag the vessels are flying)
2010/C 24/20
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: G. Rozet and D. Triantafyllou, acting as Agents)
Defendant: Hellenic Republic (represented by: E.-M. Mamouna, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 39 of the EC Treaty — National legislation which reserves for Greek nationals access to the posts of captain and officer (chief mate) on all commercial and fishing vessels flying the Greek flag
Operative part of the judgment
The Court:
1.Declares that in requiring in its legislation Greek nationality for access to the posts of captain and officer (chief mate) on all vessels flying the Greek flag, the Hellenic Republic has failed to fulfil its obligations under Community law and, in particular, under Article 39 EC.
2.Orders the Hellenic Republic to pay the costs.
* * *
(1) OJ C 327 of 20.12.2008