Judgment of the Court (Sixth Chamber) of 11 March 2008.#Commission of the European Communities v French Republic.#Failure of a Member State to fulfil obligations - Posts in the public service - Posts of master (captain) and officer (chief mate) on board all ships flying the flag of a Member State - Nationality requirement.#Case C-89/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Article 39(4) EC – Freedom of movement for workers – Exercise of public power – Requirement of French nationality for the pursuit of employment as master (captain) and officer (chief mate) on all vessels flying the French flag – Incompatible with Community law.

Operative part

Operative part

The Court:

1. Declares that, by maintaining in its legislation a requirement of French nationality for access to the posts of master (captain) and officer (chief mate) on all vessels flying the French flag, the French Republic has failed to fulfil its obligations under Article 39 EC;

2. Orders the French Republic to pay the costs.