The European Community’s first legislative measure directed at liberalizing the provision of maritime services was adopted in 1986 (Regulation 4055/86). A further legislative measure was adopted in 1992 (Regulation 3577/92) applying the principle of freedom to provide services to maritime cabotage (coastal shipping), which had been excluded from the scope of the 1986 Regulation. This article reviews the scope of both Regulations as interpreted by the European Court of Justice (ECJ) in preliminary rulings and direct actions. The cases upon which the ECJ was asked to rule raised issues concerning , inter alia, the imposition of port charges, cargo-sharing agreements between Member States and non-Community countries and the imposition of public service obligations on providers of maritime services .

One of the fundamental freedoms upon which the “common market” (as it was originally called) is founded, is the freedom to provide services across national borders.1 Articles 49–55 of the Treaty of Rome (“EC Treaty”) provide the legal basis for Community measures to be adopted in order to achieve this freedom. However, as far as transport services are concerned, EC Treaty, Art 51(1) expressly states that the “[f]reedom to provide services in the field of transport shall be governed by the provisions of the Title relating to transport”. The transport provisions in the EC Treaty are to be found in Title V (Arts 70–80). Article 80(1) states that the transport provisions expressly apply to inland transport and therefore not to maritime transport. However, Art 80(2) provides that the EU Council “may … decide whether, to what extent and by what procedure appropriate provisions may be laid down for sea and air transport”. Thus the Council is authorized to adopt legislative measures applying to maritime transport.