Order of the Court (Second Chamber) of 28 September 2006 – Enosi Efopliston Aktoploïas and Others v Ypourgos Emporikis Naftilías and Ypourgos Aigaíou
(Case C-285/05)
Article 104(3) of the Rules of Procedure – Regulation (EEC) No 3577/92 – Maritime cabotage – Transitional period – Direct application – Directive 98/18/EC – Safety rules and standards for passenger ships – Compatibility of a national rule prohibiting the supply of maritime services in respect of ships having reached a specific age
1.Transport – Maritime transport – Freedom to provide services – Maritime cabotage (Council Regulation No 3577/92, Art. 6(3)) (see paras 18, 22, operative part 1)
2.Transport – Maritime transport – Safety rules and standards for passenger ships (Council Directive 98/18, Arts 5(2) and 6(3)(a) to (c), (f) and (g)) (see paras 27-31, operative part 2)
Re:
| Reference for a preliminary ruling – Simvoulio tis Epikratias – Interpretation of Articles 1(2), 4 and 6(3) 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) – Ability of individuals to rely on the regulation to challenge the validity of a national rule adopted before the end of the exemption laid down by the regulation – Interpretation of Articles 5(2) and 6(3)(a) to (c), (f) and (g) of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (OJ 1998 L 144, p. 1) – Compatibility of a national rule prohibiting the supply of maritime services in respect of ships having reached a specified age. |
Operative part
1. |
| Having regard to Article 6(3) 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), the latter must be interpreted as not conferring rights on individuals, before 1 January 2004, in the area of cabotage with the Greek islands for regular passenger and cargo services and services provided by vessels of less than 650 gross tonnes. |
2. |
| Articles 5(2) and 6(3)(a) to (c), (f) and (g) of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships must be interpreted as precluding a national rule, such as that at issue in the main proceedings, which prohibits absolutely ships having reached a specified age from carrying out domestic voyages, when the Member State in question has not taken measures to improve safety requirements in accordance with the procedure laid down by Article 7(4) of that directive. |