Extending the Reach of the AETR Principle: Comment on Commission v Greece (C-45/07)

Abstract

The Court of Justice has held that a Member State is in breach of its EC Treaty obligations by submitting a proposal to the International Maritime Organisation for monitoring compliance with international rules that have been incorporated into Community legislation. The Court thereby extends the scope of its AETR ruling (Commission v Council (22/70)) to a unilateral act initiating a process which may lead to the adoption of new international rules, although those rules would not be directly binding on the Community. The Court also throws light on the nature of the duty of co-operation based on Art.10 EC, and on the obligations of Member States participating as members of an international organisation of which the Community is not a member in order to ensure that Community competence may nonetheless be exercised by the Member States acting jointly in the Community interest.