ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Posts of ship’s captain and chief mate – Nationality clause
1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 19)
2. Member States – Obligations – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 21)
3. Freedom of movement for persons – Workers – National legislation reserving the posts of captain and chief mate on all vessels flying the flag of a Member State, other than merchant ships with a gross tonnage of less than 100 GT which carry cargo or fewer than 100 passengers, to nationals (Art. 39 EC) (see para. 23, operative part)
C-94/08, [2008] EUECJ C-94/08
Bailii
European
Updated: 04 December 2021; Ref: scu.526331