CELEX: 62008CJ0232
Failure of a Member State to fulfil obligations
Regulation (EC) No 850/1998
Article 29(2)
Restrictions on fishing for plaice
Maximum engine power of fishing vessels
Regulation (EEC) No 2847/93
Article 2(1)
Regulation (EC) No 2371/2002
Article 23
Control, and enforcement of the rules

Failure of a Member State to fulfil obligations – Infringement of Article 29(2) of Council Regulation (EC) No 850/98 of 30
March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine
organisms, Article 23 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation
of fisheries resources under the Common Fisheries Policy and Article 2(1) of Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the common fisheries policy – Fishing for plaice – Inspection and control
of fishing vessels and their activities – Responsibility of the Member States.
Operative part
The Court:
1.
Declares that, by allowing fishing vessels to have a higher engine power than permitted under Article 29(2) of Council Regulation
(EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of
juveniles of marine organisms, as amended by Council Regulation (EC) No 2166/2005 of 20 December 2005, the Kingdom of the
Netherlands has failed to fulfil its obligations under Article 23 of Council Regulation (EC) No 2371/2002 of 20 December 2002
on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and Article 2(1)
of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries
policy, as amended by Council Regulation (EC) No 768/2005 of 26 April 2005;
2.
Orders the Kingdom of the Netherlands to pay the costs.