Judgment of the Court (Second Chamber) of 28 October 2010 — European Commission v Republic of Malta

(Case C-508/08) (1)

(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)  OJ C 32, 7.2.2009.