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Case C-89/07: Judgment of the Court (Sixth Chamber) of 11 March 2008 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Employment in the public service — Posts of master (captain) and officer (chief mate) on board all ships flying the flag of a Member State — Condition of nationality)
ECLI:EU:UNKNOWN:62007CA0089
62007CA0089
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26.4.2008
Official Journal of the European Union
C 107/8
(Case C-89/07)
(Failure of a Member State to fulfil its obligations - Employment in the public service - Posts of master (captain) and officer (chief mate) on board all ships flying the flag of a Member State - Condition of nationality)
(2008/C 107/11)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: G. Rozet, acting as Agent)
Defendant: French Republic (represented by: G. de Bergues and O. Christmann, acting as Agents)
Re:
Failure of a Member State to fulfil its obligations — Article 39(4) EC — Free movement of workers — Exercise of public power — Requirement of French nationality for the pursuit of employment as master (captain) and officer (chief mate) on all vessels flying the French flag — Incompatible with Community law
Operative part of the judgment
The Court:
1.Declares that, by maintaining in its legislation a requirement of French nationality for access to the posts of master (captain) and officer (chief mate) on all vessels flying the French flag, the French Republic has failed to fulfil its obligations under Article 39 EC.
2.Orders the French Republic to pay the costs.
(<span class="super">1</span>) OJ C 95, 28.4.2007.