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Case C-58/16: Judgment of the Court (Eighth Chamber) of 6 April 2017 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Improvement of port security — Directive 2005/65/EC — Articles 2(3), 6, 7 and 9 — Infringement — No assessment of port security — Port boundaries, port security assessments and port security officers — No definition)
ECLI:EU:UNKNOWN:62016CA0058
62016CA0058
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Valentina R., lawyer
29.5.2017
Official Journal of the European Union
C 168/15
(Case C-58/16)(Failure of a Member State to fulfil obligations - Improvement of port security - Directive 2005/65/EC - Articles 2(3), 6, 7 and 9 - Infringement - No assessment of port security - Port boundaries, port security assessments and port security officers - No definition)
(2017/C 168/18)
Language of the case: German
Parties
Applicant: European Commission (represented by: W. Mölls and L. Nicolae, acting as Agents)
Defendant: Federal Republic of Germany (represented by: T. Henze and R. Kanitz, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, in failing to ensure that, for the German ports of Düsseldorf, Köln-Niehl I, Godorf, Duisburg-Rheinhausen, Neuss, Duisburg Außen-/Parallelhafen, Krefeld-Linn, Stromhafen Krefeld, Duisburg Ruhrort-Meiderich, Gelsenkirchen and Mülheim, in the Land of North-Rhine-Westphalia (Germany), the boundaries of each port are defined, port security assessments and port security plans are carried out, and that port security officers are approved, the Federal Republic of Germany has failed to fulfil its obligations under Articles 2(3), 6, 7 and 9 of Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security;
2.Orders the Federal Republic of Germany to pay the costs.
* Language of the case: German.
(1) OJ C 118, 4.4.2016.