# C_2006131EN.01000701.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 131/7 |
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3.6.2006

EN

Official Journal of the European Union

C 131/7

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Judgment of the Court (Third Chamber) of 23 March 2006 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)) — The Queen on the application of Unitymark Ltd and North Sea Fishermen's Organisation v Department for Environment, Food and Rural Affairs

(Case C-535/03) (1)

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(Fisheries - Cod - Limitation of fishing effort - Open gear beam trawls - Principles of proportionality and non-discrimination)

(2006/C 131/12)

Language of the case: English

Referring court

High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)

Parties to the main proceedings

Claimants: Unitymark Ltd and North Sea Fishermen's Organisation

Claimants:

Defendant: Department for Environment, Food and Rural Affairs

Defendant:

Re:

Reference for a preliminary ruling — High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court) — Validity of paragraphs 4(b) and 6(a) of Annex XVII to Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2003 L 356, p. 12); Validity of Article 1 of Commission Decision 2003/185/EC of 14 March 2003 on the allocation of additional days absent from port to Member States in accordance with Annex XVII to Council Regulation (EC) No 2341/2002 — Compatibility with Articles 28, 29, 33 and 34 EC — Principles of proportionality and non-discrimination — Fundamental freedom to pursue a trade or business

Operative part of the judgment

Examination of the question asked has disclosed no factor of such a kind at to affect the validity of:

| — | paragraphs 4(b) and 6(a) of Annex XVII to Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required; |
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paragraphs 4(b) and 6(a) of Annex XVII to Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required;

| — | paragraphs 4(b) and 6(a) of that annex as amended by Council Regulation (EC) No 671/2003 of 10 April 2003; |
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paragraphs 4(b) and 6(a) of that annex as amended by Council Regulation (EC) No 671/2003 of 10 April 2003;

| — | Article 1 of Commission Decision 2003/185/EC of 14 March 2003 on the allocation of additional days absent from port to Member States in accordance with Annex XVII to Regulation No 2341/2002. |
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Article 1 of Commission Decision 2003/185/EC of 14 March 2003 on the allocation of additional days absent from port to Member States in accordance with Annex XVII to Regulation No 2341/2002.

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(1)  OJ C 47, 21.02.2004.

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