Judgment of the Court (Sixth Chamber) of 10 December 2009.#European Commission v Hellenic Republic.#Failure of a Member State to fulfil obligations - Article 39 EC - Employment in the public service - Captain and officer (chief mate) on vessels - Conferment of powers of public authority on board - Requirement that they be nationals of the Member State whose flag the vessels fly.#Case C-460/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 39 of the EC Treaty – National legislation which reserves for Greek nationals access to the posts of captain and officer (chief mate) on all commercial and fishing vessels flying the Greek flag.

Operative part

Operative part

The Court:

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

2. Orders the Hellenic Republic to pay the costs.