# C_2007129EN.01001001.xml

| 9.6.2007 | EN | Official Journal of the European Union | C 129/10 |
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9.6.2007

EN

Official Journal of the European Union

C 129/10

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Action brought on 3 April 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-189/07)

(2007/C 129/17)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by P. Oliver and F. Jimeno Fernández, Agents)

Applicant:

Defendant: Kingdom of Spain

Defendant:

Form of order sought

| — | declare 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 Regulations (EC) No 850/98 (1) and 2406/96 (2); and
  by failing to act with sufficient diligence to ensure the adoption of appropriate measures against those responsible for infringing Community provisions, 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 Article 2(1) and Article 31(1) and (2) of Regulation (EEC) No 2847/93 (3). |
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declare 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 Regulations (EC) No 850/98 (1) and 2406/96 (2); and

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by failing to act with sufficient diligence to ensure the adoption of appropriate measures against those responsible for infringing Community provisions, 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 Article 2(1) and Article 31(1) and (2) of Regulation (EEC) No 2847/93 (3).

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| — | order Kingdom of Spain to pay the costs. |
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order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The regulatory framework applicable requires that Member States:

| — | implement an effective system for the monitoring, inspection and surveillance of landing and marketing activities in relation to species subject to rules on minimum size; |
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implement an effective system for the monitoring, inspection and surveillance of landing and marketing activities in relation to species subject to rules on minimum size;

| — | impose penalties which have a deterrent effect on those responsible for infringing Community provisions; |
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impose penalties which have a deterrent effect on those responsible for infringing Community provisions;

| — | enforce effectively penalties capable of being imposed on those responsible in order to prevent unjust enrichment from illegal activity. |
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enforce effectively penalties capable of being imposed on those responsible in order to prevent unjust enrichment from illegal activity.

In the present case it has been duly established that Spain has failed to fulfil its obligations under Community legislation on controls and penalties for infringements relating to fishing activities. That failure to fulfil obligations is not only evidenced by the conclusions reached by the Community inspectors but is also accepted by the defendant.

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(1)  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).

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(2)  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).

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(3)  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).

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