Case 167/73 Commission v France (French Shipping Crews) [1974]

Facts

  • A French law existed requiring a certain proportion of a French-flagged ship’s crew to be of French nationality
  • The law was not enforced

Issue

  • Need it be repealed in breach of EU law?

Decision

  • Yes

Reasoning

  • Legislation could not exist or be enforceable in breach of EU law (and more specifically, that of the free movement of persons)
RELATED CASE  Case C-233/12 Gardella [2013]

Posted in EU Law Revision Notes.

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