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Case C-460/08: Action brought on 21 October 2008 — Commission of the European Communities v Hellenic Republic
ECLI:EU:UNKNOWN:62008CN0460
62008CN0460
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Official Journal of the European Union
C 327/19
(Case C-460/08)
(2008/C 327/32)
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: G. Rozet and D. Triantafillou)
Defendant: Hellenic Republic
Form of order sought
—declare that, by retaining in its legislation the requirement of Greek nationality for access to the posts of captain and officer (chief mate) on all vessels flying the Greek flag, the Hellenic Republic has failed to fulfil its obligations under Article 39 of the EC Treaty;
—order the Hellenic Republic to pay the costs.
Pleas in law and main arguments
Justification on the basis of Article 39(4) is lacking since no public powers are in fact usually exercised by captains and chief mates.