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Case C-508/08: Judgment of the Court (Second Chamber) of 28 October 2010 — European Commission v Republic of Malta (Failure of a Member State to fulfil obligations — Freedom to provide maritime transport services — Regulation (EEC) No 3577/92 — Articles 1 and 4 — Cabotage services within a Member State — Obligation to conclude public service contracts on a non-discriminatory basis — Conclusion of an exclusive contract, without a prior call for tenders, before the date of accession of a Member State to the European Union)
ECLI:EU:UNKNOWN:62008CA0508
62008CA0508
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18.12.2010
Official Journal of the European Union
C 346/7
(Case C-508/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Freedom to provide maritime transport services - Regulation (EEC) No 3577/92 - Articles 1 and 4 - Cabotage services within a Member State - Obligation to conclude public service contracts on a non-discriminatory basis - Conclusion of an exclusive contract, without a prior call for tenders, before the date of accession of a Member State to the European Union)
2010/C 346/11
Language of the case: Maltese
Parties
Applicant: European Commission (represented by: J. Aquilina and K. Simonsson, Agents)
Defendant: Republic of Malta (represented by: S. Camilleri, L. Spiteri and A. Fenech, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ 1992 L 364, p. 7) — Conclusion of an exclusive contract, without a prior call for tenders, for the provision of maritime transport between Malta and Gozo
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to pay the costs.
(<span class="super">1</span>) OJ C 32, 7.2.2009.