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8.11.2008 |
EN |
Official Journal of the European Union |
C 285/10 |
Judgment of the Court (Sixth Chamber) of 11 September 2008 — Commission of the European Communities v Italian Republic
(Case C-447/07) (1)
(Failure of a Member State to fulfil obligations - Article 39 EC - Employment in the public administration - Masters and officers (chief officers) of vessels - Allocation of State authority on board - Requirement to hold the nationality of the flag Member State)
(2008/C 285/16)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: G. Rozet and L. Pignataro-Nolin, acting as Agents)
Defendant: Italian Republic (represented by: I. Braguglia, Agent, and S. Fiorentino, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 39 EC — National legislation reserving the posts of master and chief officer on all vessels flying the flag of that Member State to its nationals
Operative part of the judgment
The Court:
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1. |
Declares that, by maintaining in its legislation the requirement that masters and chief officers on all vessels flying the Italian flag hold Italian nationality, the Italian Republic has failed to fulfil its obligations under Article 39 EC; |
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2. |
Orders the Italian Republic to pay the costs. |