Original scientific paper
https://doi.org/10.32984/gapzh.15.1.1
The Influence of the Practice of the European Union Institutions on the Regulation of the Award of the Right to Provide Maritime Cabotage Services in the Republic of Croatia
Božena Bulum
; Adriatic Institute of the Croatian Academy of Sciences and Arts
*
Marija Pijaca
orcid.org/0000-0002-0709-376X
; Maritime Department of the University of Zadar
*
* Corresponding author.
Abstract
For the Republic of Croatia as a country with the second largest archipelago in the Mediterranean, of which 52 islands and the Pelješac peninsula are permanently inhabited, the activity of carrying out transportation in line with coastal maritime transport is undoubtedly an activity of public interest. This article analysses legal issues that arose in practice in connection with the award of the right to provide maritime cabotage services in Croatia. The authors discuss the practice of the European Union Institutions in cases related to the awarding of compensation for the provision of a service of general economic interest to the shipping company Société nationale maritime Corse Méditerranée, which limits the broad discretionary powers of the Member States when it comes to defining services of general economic interest. In accordance with the case-law of the General Court which confirmed the decision-making practice of the Commisssion, the Member States are obliged to prove the real need for a public service by a test that includes three steps (SNCM test) with the aim of applying the least disruptive approach for market freedom when it comes to defining and entrusting the performance of services of general economic interest. The authors advocate the adoption of Croatian regulations that regulate in detail the procedure for granting the right to provide maritime cabotage services in accordance with the case law of the General Court in case T-454/13 Société nationale maritime Corse Méditerranée (SNCM).
Keywords
Hrčak ID:
318930
URI
Publication date:
8.7.2024.
Visits: 375 *