Judgment of the Court (Sixth Chamber) of 11 September 2008.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Article 39 EC - Employment in the public administration - Masters and chief officers of vessels - Allocation of State authority on board - Requirement to hold the nationality of the flag Member State.#Case C-447/07.

Subject of the case

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

Operative part

The Court:

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;

2. Orders the Italian Republic to pay the costs.