Judgment_paragraph 59 · Elliniko Dimosio v Stefanos Stroumpoulis and Others (C-292/14)

59Lastly, having stated that Article 6(1)(b) of Regulation 3094/86 may not be applied to a vessel registered in a non-member country: (i) where the vessel is on the high seas, since in principle such a vessel is governed there only by the law of its flag; (ii) where the vessel is sailing in the exclusive economic zone of a Member State, since that vessel enjoys freedom of navigation in that area; or (iii) where the vessel is crossing the territorial waters of a Member State, in so far as the vessel is exercising the right of innocent passage in so doing, the Court found that, conversely, such a provision may be applied to such a vessel when it sails in the inland waters or, more especially, is in a port of a Member State, where it is generally subject to the unlimited jurisdiction of that State (see judgment in Poulsen and Diva Navigation, C‑286/90, EU:C:1992:453, paragraphs 22 to 29).