CELEX: 62007CJ0189
Failure of a Member State to fulfil obligations
Regulation (EEC) No 2847/93
Articles 2(1) and 31(1) and (2)
Regulations (EC) No 2406/96 and 850/98
Control system in the fisheries sector
Common marketing standards for certain fishery products
Unsatisfactory monitoring, inspection and surveillance
Failure to adopt adequate measures to penalise infringements
Enforcement of penalties
General failure to fulfil the provisions of a regulation
Production before the Court of additional evidence intended to support the proposition that the failure is general and consistent
Whether permissible

Failure of a Member State to fulfil obligations – Infringement of Articles 2(1) and 31(1) and (2) of Council Regulation (EC)
No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1)
– Infringement of Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain
fishery products (OJ 1996 L 334, p. 1) and 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 (OJ 1998 L 125, p. 1) – Unsatisfactory
monitoring – Failure to adopt adequate measures to penalise the infringements.
Operative part
The Court:
1.
Declares that:
–      by failing to carry out satisfactorily the monitoring, inspection and surveillance of fishing activities within its territory
and within maritime waters subject to its sovereignty or jurisdiction, including the landing and marketing of species subject
to rules on minimum size under 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 and Council Regulation (EC) No 2406/96 of 26 November
1996 laying down common marketing standards for certain fishery products and by failing to devote the necessary human resources
to the monitoring, inspection and surveillance of fishing; and
–      by failing to act with sufficient diligence to ensure the adoption of appropriate measures against those responsible for infringing
Community provisions in relation to fisheries, in particular by bringing administrative actions or criminal proceedings and
imposing penalties which have a deterrent effect on those responsible;
the Kingdom of Spain has failed to fulfil its obligations under Articles 2(1) 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;
2.     Dismisses the remainder of the action;
3.     Orders the Kingdom of Spain to pay the costs.