From: news@paragraf.nbg.sub.org
Newsgroups: de.soc.recht
Subject: JUS 9242.2.1 Free movement of persons   
Date: Tue, 22 Dec 92 19:53:06 +0100
Organization: VDJ Nuernberg

ENR   : 2520
HD    : 2. Free Movement of Persons
TI    : Judgment of the Court of Justice - Fishing - Conditions of nationality
        and of residence - United Kingdom
RF    : JUS 9242.2.1
AB    : Under British legislation on fishing, the award of fishing licenses
        is subject to certain conditions of nationality and residence for
        species subject to British quotas. These conditions stipulate that:
        - at least 75% of the members of the fishing boat crew must be
        British nationals or nationals of another Member State of the
        Community, excluding, until 1 January 1993, Spanish and Portuguese
        nationals;
        - the British nationals or nationals of another Member State making
        up 75% of the crew of a fishing boat must reside in the United
        Kingdom, on the Isle of Man or in the Channel Islands.
        Considering that this British legislation does not comply with
        Community law, the Commission brought an action against failure to
        act before the Court of Justice.
        With regard to the compatibility with Community law of the
        condition of nationality for the Spanish and Portuguese members of
        the crew of a fishing boat, the Court noted that these conditions
        introduce discrimination based on nationality against Spanish and
        Portuguese nationals who work as self-employed fishermen; this
        discrimination is prohibited by Article 52 or 59 as the case may be.
        The Court also had to determine whether the application of these
        conditions of nationality constituted discrimination, in the
        meaning of Article 48 of the Treaty, against Spanish and Portuguese
        nationals working as salaried fishermen. The Court ruled that
        excluding salaried Spanish and Portuguese workers from the 75% of
        the fishing crew is contrary to Article 48 of the Treaty in so far
        as it concerns fishing of species subject to a British quota outside
        of the United Kingdom's fishing zone. Finally, the Court noted that
        excluding Spanish and Portuguese nationals from the 75% of the
        British fishing crew is contrary to Article 11 of Regulation (EEC) no
        1612/68 (on the application of social security schemes to workers
        moving within the Community) and Regulation (EEC) no 1251/70 on the
        right of workers to remain in the territory of a Member State after
        having been employed in that State).
        With regard to the condition concerning the place of residence, the
        Court observed that this condition of the United Kingdom indirectly
        excluded the nationals of other Member States from the 75% of the
        crew because of their nationality. Indeed, the Court continued, a
        great majority of British nationals have a residence on land in the
        United Kingdom and thus automatically meet this condition, whereas
        nationals from other Member States would have to move their place
        of residence to the United Kingdom in most cases to meet the same
        condition. The Court concluded that the condition of residence is
        contrary to Articles 48, 52 and 59 of the EEC Treaty.
        These considerations brought the Court of Justice to the conclusion
        that the United Kingdom had failed to meet its obligations under:
        - Articles 48, 52 and 59 of the EEC Treaty;
        - Article 11 of Regulation (EEC) no 1612/69;
        - Regulation (EEC) no 1251/71.
        Judgment of the Court of Justice of 17 November 1992, case C-279/89
        Commission of the European Communities v. United Kingdom, not yet
        published.
CT    : Free movement of persons; Discrimination
DT    : 921211