C_2004300EN.01001001.xml

4.12.2004

Official Journal of the European Union

C 300/10

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-299/02: Commission of the European Communities v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil obligations - Articles 43 EC and 48 EC - National measures requiring as a condition for being able to register a ship in the Netherlands that the shareholders, directors and natural persons responsible for the day-to-day management of the Community company owning the ship have Community or EEA nationality - National measures requiring that the director of a shipping company be of Community or EEA nationality or have a Community or EEA residence)

(2004/C 300/19)

Language of the case: Dutch

In Case C-299/02: action under Article 226 EC for failure to fulfil obligations, brought on 23 August 2002, between Commission of the European Communities (Agents: K.H.I. Simonsson and H.H. Speyart) and Kingdom of the Netherlands (Agents: H.G. Sevenster and S. Terstal) — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas and R. Silva de Lapuerta, Judges; P. Léger, Advocate General; R. Grass, Registrar, has given a judgment on 14 October 2004, in which it:

Declares that, by adopting and maintaining in its legislation Article 311 of the Wetboek van Koophandel and Article 8:169 of the Burgerlijk Wetboek, under which certain conditions are fixed concerning:

—	the nationality of the shareholders of companies owning seagoing ships which they wish to register in the Netherlands;

—	the nationality of the directors of companies owning seagoing ships which those companies wish to register in the Netherlands;

—	the nationality of the natural persons responsible for the day-to-day management of the place of business from which the shipping business which is necessary for registration of a ship in the Netherlands registers is carried out in the Netherlands;

—	the nationality of the directors of shipping companies owning seagoing ships registered in the Netherlands; and

—	the residence of the directors of shipping companies owning seagoing ships registered in the Netherlands,

the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 43 EC and 48 EC;

2.	Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 247 of 12.10.2002.

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