(Case C‑269/05)

Failure of a Member State to fulfil obligations – Article 1 of Regulation (EEC) No 4055/86 – Maritime transport – Harbour dues levied on passenger vessels or cargo vessels – Harbour dues levied on vehicles aboard ferries – Discrimination

Re:

Failure of a Member State to fulfil obligations – Breach of Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ 1986 L 378, p. 1) – Harbour dues levied on passenger vessels or cargo vessels – Lower level of dues when transport is between two ports within national territory – Harbour dues levied on vehicles aboard ferries on international routes, while similar dues are not levied on routes between Greek ports.

Operative part

The Court:

Declares that, by maintaining in force:

– the harbour dues levied on passenger vessels (including cruise ships) or on cargo vessels when they enter into harbour, berth and anchor in the ports of Piraeus and Thessaloniki, applying a lower level of dues when transport is between two ports within Greece as compared with cases where transport is to a destination outside Greece,

– harbour dues for the benefit of the harbour funds of the Port Authorities AE, set up by Law No 2932/2001, and of the ports of Piraeus and Thessaloniki, which are levied on vehicles aboard ferries on international routes, while similar dues are not levied on routes between Greek ports,

– the right to levy dues on vehicles aboard vehicle ferries with a foreign port destination for the benefit of municipalities and communities,

the Hellenic Republic has failed to fulfil its obligations under Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries.

Orders the Hellenic Republic to pay the costs.