EuGH · C-460/08

Subject of the case Operative part 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.