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Sulphur content in marine fuels
By judgment issued on 23rd January 2014 on the request for a preliminary ruling from the Tribunal of Genoa in a dispute related to the maximum sulphur content in marine fuels, the European Court of Justice held that a cruise ship, flying the flag of a State party to the Annex VI of Marpol, falls within the scope of Article 4a(4) of Directive 1999/32 (providing the use of marine fuels with a maximum sulphur content of 1,5%) with regard to the criterion of ‘regular services’, as laid down in Article 2(3g) ,thereof, provided that it operates cruises, with or without intermediate calls, finishing in the port of departure or another port, provided that those cruises are organized at a particular frequency, on specific dates and, in principle, at specified departure and arrival times, with interested persons being able to choose freely between the various cruises offered.
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