In Commission of The European Communities v Hellenic Republic - Case C-45/07 the Commission sought a declaration from the European Court of Justice that Greece has failed to fulfil its obligations under Articles 10 EC, 71 EC and 80(2) EC by submitting to the Maritime Safety Committee of the IMO a proposal in the form of tools and checklists for monitoring the compliance of ships and port facilities with the requirements of Chapter XI-2 of SOLAS and the ISPS Code.  

The Commission argued that Greece had acted in breach of Community law by acting on an individual basis in an area in which the European Community enjoys exclusive external competence, thereby undermining the principle of a united external representation for the Community.  

The Advocate General’s opinion has now been published and she agrees with the Commission. I’ll let you know as soon as the judgment of the ECJ is available.