CELEX: 62007CJ0556
Failure of a Member State to fulfil obligations
Common Fisheries Policy
Regulation (EC) No 894/97
Drift net
Meaning
‘Thonaille’ fishing net
Prohibition on the fishing of certain species
Regulations (EEC) No 2847/93 and (EC) No 2371/2002
Lack of an effective system of monitoring to ensure compliance with that prohibition

Failure of a Member State to fulfil obligations – Common Fisheries Policy – Council Regulations (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1) and (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
(OJ 2002 L 358, p. 59) – Acceptance by national authorities of the ‘thonaille’ notwithstanding the Community prohibition on
drag nets of a length greater than or equal to 2.5 km – Lack of an effective system of monitoring to ensure compliance with
that prohibition.
Operative part
The Court:
1.
Declares that, by failing sufficiently to monitor, inspect and supervise fishing activities in the light of the prohibition
on drift nets for the capture of certain species, and by not ensuring that appropriate measures against those responsible
for infringements of the Community legislation on the use of drift nets were taken, the French Republic has failed to fulfil
its obligations under Articles 2 and 31(1) and (2) 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 2846/98 of 17 December
1998 and Articles 23(1) and (2), 24 and 25(1) and (2) 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;
2.
Orders the French Republic to pay the costs.