The EU Court of Justice confirmed, in a ruling issued on 4 February, that member states cannot apply different harbour dues for internal and intra-Community maritime services or for maritime services between a member state and a non-EU country unless this difference is objectively justified.

This small reminder came on the occasion of a case between the European Commission and Spain (Case C-18/09). Spanish law provides for a series of exemptions and rebates relating to harbour dues depending on the ports of departure or destination of the vessels. For example, more favourable tariffs are applied to traffic between the Canary Islands, the Balearic Islands, Ceuta and Melilla than to traffic between Spanish ports and other EU ports.

DIFFERENCES ILLEGAL

To the extent that these differences depend solely on the ports of departure or destination of the vessels - they do not correspond to objective price differentials for harbour services - they are illegal, being contrary to Regulation 4055/86 on freedom to provide services to maritime transport between EU member states and between member states and non-EU countries. The Court of Justice thus confirms case law dating back to 1994 (Commission versus France, Case C-381/93) and 2002 (Geha Naftiliaki ruling, Case C-435/00). Moreover, Spain had not put forward any legal arguments for its defence, limiting itself to mentioning that a bill currently under adoption should restore the situation.