Enosi Efopliston Aktoploïas v Ipourgos Emporikis Naftilias C-122/09, not yet reported

EC law – Maritime cabotage – Temporary exemption from the application of regulation – Obligation on member states to refrain from adopting, before expiry of the period of exemption, provisions liable seriously to compromise the application of that regulation — Right of individuals to rely on the regulation to challenge the validity of national provisions having such an effect

Alexandros X.M. Ntovas

The case concerns a reference made by the Simvoulio tis Epikratias (the Hellenic ‘Council of State’, ie the supreme administrative court of Greece) under EC art 234 (now art 267 of the Treaty on the Functioning of the European Union (‘TFEU’)) to the Court of Justice of the European Union, for a preliminary ruling regarding the interpretation of articles 1, 2, 4 and 6, para 3, of Council Regulation (EEC) No 3577/92, of 7 December 1992, applying the principle of freedom to provide services to maritime transport within member states (maritime cabotage).