37Finally, the appellants in the main proceedings claim that, at paragraphs 34 and 35 of its judgment in Case C-290/94 Commission v Greece [1996] ECR I-3285, the Court held that the sea and air transport sectors are not among those areas in which specific activities of the public service are performed. This means that those sectors are in principle covered by the right of freedom of movement for workers and that it is for the national authorities to establish, for certain posts, that the conditions of Article 39(4) EC are in fact being complied with (see paragraphs 110 to 112 of the Opinion of Advocate General Léger in Case C-473/93 Commission v Luxembourg [1996] ECR I-3207). The respondent in the main proceedings has failed to demonstrate this in relation to the post of master of a fishing vessel.
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