CELEX: 62008CJ0249
Failure of a Member State to fulfil obligations
Common fisheries policy
Conservation of resources
Control system in the fisheries sector
Regulation (EC) No 894/97
Article 11
Regulation (EEC) No 2241/87
Article 1(1) and (2)
Regulation (EEC) No 2847/93
Articles 2(1) and 31(1) and (2)
Prohibition of driftnets
Lack of an effective system of monitoring to ensure compliance with that prohibition

Failure of a Member State to fulfil obligations – Infringement of Article 1(1) of Council Regulation (EEC) No 2241/87 of 23
July 1987 establishing certain control measures for fishing activities (OJ 1987 L 207, p. 1) and of 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 (OJ 1993 L 261, p. 1) – Inspection and control of fishing vessels and their activities – Measures to be taken in the
case of non-compliance with the rules in force – Provisions relating to the retention on board or use of driftnets.
Operative part
The Court:
1.
Declares that by failing to control, inspect and survey in a satisfactory manner fishing activities within its territory and
within the waters subject to its sovereignty or jurisdiction, in particular with regard to compliance with the provisions
governing the retention on board and use of driftnets, and by not ensuring in a satisfactory manner that appropriate measures
are taken against those responsible for infringements of the Community rules on the retention on board and use of driftnets,
in particular by the imposition of dissuasive penalties on those persons, the Italian Republic has failed to fulfil its obligations
under Article 1(1) of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing
activities and 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.
Orders the Italian Republic to pay the costs.