296
UNCLOS provisions on different marine areas, including: Odigitria v. Council
and Commission (1995)
72
; Aktiebolaget NN (2007)
73
; etc.
– The rights of coastal states in certain marine areas and the rights of states in the
high seas or in straits: references have been made in the Aktiebolaget NN
74
and
Salemink cases.
75
– Taxation: The ECJ has ruled that an EU Member State is required to subject to
VAT a supply of goods that takes place in its territorial sea, on the bed thereof or
in its subsoil (Aktiebolaget NN case).
76
Moreover, the supply and laying of a
fibre-optic cable linking two Member States is not subject to VAT for that part of
the transaction carried out in the Exclusive Economic Zone (EEZ), on the continental shelf and at sea.
77
– Right of innocent passage: Articles 17–32 UNCLOS were extensively analysed
by the ECJ in the Poulsen and Diva Navigation case (1992).
78
– Freedom of navigation: Art. 58(1) UNCLOS was invoked in the framework of
the Poulsen and Diva Navigation case.
79
– Obligation for all members of the international community to cooperate: This
obligation has been interpreted by the ECJ from three different perspectives:
firstly, as an obligation regarding the conservation and management of living
resources in the high seas, as set out by Art. 118 UNCLOS (Poulsen and Diva
Navigation, para. 11; Mondiet, para. 22); secondly, in relation to the implementation of existing international law and the further development of international
law concerning responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate
compensation, such as compulsory insurance or compensation funds, as provided by Art. 235(3) UNCLOS (Commune de Mesquer judgment)
80
; and thirdly,
as a tool for combating maritime piracy, according to Articles 100 ff. UNCLOS
(Parliament v. Council case (C-658/11)
81
and Parliament v. Council case
(C-263/14)).
82
– Social security for migrant workers: Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving
within the EU
83
was subject to three preliminary rulings. Firstly, in the Salemink
72 Odigitria v. Council and Commission, para. 32.
73 Aktiebolaget NN, paras 56–57.
74 Ibidem, paras 59–60.
75 ECJ, Salemink, para. 35.
76 Aktiebolaget NN, para. 58.
77 Ibidem, para. 61.
78 Poulsen and Diva Navigation.
79 Ibidem, para. 25.
80 Commune de Mesquer, para. 85.
81 Parliament v. Council, C-658/11.
82 Parliament v. Council, C-263/14.
83 Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community.
G. A. Oanta
UNCLOS provisions on different marine areas, including: Odigitria v. Council
and Commission (1995)
72
; Aktiebolaget NN (2007)
73
; etc.
– The rights of coastal states in certain marine areas and the rights of states in the
high seas or in straits: references have been made in the Aktiebolaget NN
74
and
Salemink cases.
75
– Taxation: The ECJ has ruled that an EU Member State is required to subject to
VAT a supply of goods that takes place in its territorial sea, on the bed thereof or
in its subsoil (Aktiebolaget NN case).
76
Moreover, the supply and laying of a
fibre-optic cable linking two Member States is not subject to VAT for that part of
the transaction carried out in the Exclusive Economic Zone (EEZ), on the continental shelf and at sea.
77
– Right of innocent passage: Articles 17–32 UNCLOS were extensively analysed
by the ECJ in the Poulsen and Diva Navigation case (1992).
78
– Freedom of navigation: Art. 58(1) UNCLOS was invoked in the framework of
the Poulsen and Diva Navigation case.
79
– Obligation for all members of the international community to cooperate: This
obligation has been interpreted by the ECJ from three different perspectives:
firstly, as an obligation regarding the conservation and management of living
resources in the high seas, as set out by Art. 118 UNCLOS (Poulsen and Diva
Navigation, para. 11; Mondiet, para. 22); secondly, in relation to the implementation of existing international law and the further development of international
law concerning responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate
compensation, such as compulsory insurance or compensation funds, as provided by Art. 235(3) UNCLOS (Commune de Mesquer judgment)
80
; and thirdly,
as a tool for combating maritime piracy, according to Articles 100 ff. UNCLOS
(Parliament v. Council case (C-658/11)
81
and Parliament v. Council case
(C-263/14)).
82
– Social security for migrant workers: Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving
within the EU
83
was subject to three preliminary rulings. Firstly, in the Salemink
72 Odigitria v. Council and Commission, para. 32.
73 Aktiebolaget NN, paras 56–57.
74 Ibidem, paras 59–60.
75 ECJ, Salemink, para. 35.
76 Aktiebolaget NN, para. 58.
77 Ibidem, para. 61.
78 Poulsen and Diva Navigation.
79 Ibidem, para. 25.
80 Commune de Mesquer, para. 85.
81 Parliament v. Council, C-658/11.
82 Parliament v. Council, C-263/14.
83 Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community.
G. A. Oanta