29.3.2014

Official Journal of the European Union

C 93/3

(Case C-537/11) (<span class="super">1</span>)

(Maritime transport - Directive 1999/32/EC - Marpol Convention 73/78 - Annex VI - Air pollution from ships - Passenger ships operating regular services - Cruise ships - Maximum sulphur content in marine fuels - Validity)

2014/C 93/04

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Mattia Manzi, Compagnia Naviera Orchestra

Defendant: Capitaneria di Porto di Genova,

Intervening parties: Ministero delle Infrastrutture e dei Trasporti

Re:

Request for a preliminary ruling — Tribunale civile di Genova — Validity of Article 4a of Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ 1999 L 121, p. 13), as amended by Directive 2005/33/EC (OJ 1991 L 191, p. 59) — Compatibility with the International Convention for the Prevention of Pollution from Ships (‘MARPOL Convention’) of the obligation on Member States to take all necessary measures to prevent the use of marine fuels the sulphur content of which exceeds 1.5% by mass by passengers ships operating regular service to or from European Union ports — Interpretation of Article 2 of the same directive — Concept of ‘regular services’ — Applicability of the said limit to cruise ships.

Operative part of the judgment

1.A cruise ship, such as that at issue in the main proceedings, falls within the scope of Article 4a(4) of Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC, as amended by Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 with regard to the criterion of ‘regular services’, as laid down in Article 2(3g) thereof, provided that it operates cruises, with or without intermediate calls, finishing in the port of departure or another port, provided that those cruises are organised at a particular frequency, on specific dates and, in principle, at specified departure and arrival times, with interested persons being able to choose freely between the various cruises offered, which is a matter for the referring court to ascertain.

2.The validity of Article 4a(4) of Directive 1999/32, as amended by Directive 2005/33, cannot be examined in the light of the general principle of international law pacta sunt servanda or the principle of cooperation in good faith enshrined in the first subparagraph of Article 4(3) TEU on the ground that that provision of the directive may lead to an infringement of Annex VI to the International Convention for the Prevention of Pollution from Ships, signed in London on 2 November 1973, as supplemented by the Protocol of 17 February 1978 and thereby oblige the Member States party to the Protocol of 1997 amending the International Convention of 1973 for the Prevention of Pollution from Ships, as amended by the Protocol of 1978 relating thereto, signed in London on 26 September 1997, to infringe their obligations with respect to the other contracting parties thereto.

3.It is not for the Court to rule on the impact of Annex VI on the scope of Article 4a(4) of Directive 1999/32.

Language of the case: Italian

(1) OJ C 370, 17.12.2011