# C_2009102EN.01000801.xml

| 1.5.2009 | EN | Official Journal of the European Union | C 102/8 |
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1.5.2009

EN

Official Journal of the European Union

C 102/8

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Judgment of the Court (Third Chamber) of 5 March 2009 — Commission of the European Communities v French Republic

(Case C-556/07) (1)

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(Failure of a Member State to fulfil its obligations - Common Fisheries Policy - Regulation (EC) No 894/97 - Drift net - Definition - ‘Thonaille’ fishing net - Prohibition for the fishing of certain species - Regulations (EEC) No 2847/93 and (EC) No 2371/2002 - Lack of an effective system of monitoring to ensure respect of that prohibition)

2009/C 102/11

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (represented by: M. Nolin, M. van Heezik and T. van Rijn, Agents)

Applicant:

Defendant: French Republic (represented by: G. de Bergues and A.-L. During, Agents)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Common Fisheries Policy — 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) and Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy — Acceptance by national authorities of the thonaille (a tuna gillnet) despite the Community prohibition of drift nets of a length greater than or equal to 2.5 km — Lack of an effective system of monitoring to ensure respect of that prohibition.

Operative part of the judgment

Operative part of the judgment

The Court:

| (1) | declares that, by failing sufficiently to monitor, inspect and supervise fishing activities in the light of the prohibition of 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 failed in 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; |
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(1)

declares that, by failing sufficiently to monitor, inspect and supervise fishing activities in the light of the prohibition of 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 failed in 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. |
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(2)

orders the French Republic to pay the costs.

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(1)  OJ C 37 of 9.2.2008.

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