Judgment — ECLI:EU:T:2004:25
Date: 2004-01-28
Language of the case: Spanish
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Concepts: Principle of the protection of legitimate expectations;Marketing of fishery products;General
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Spain

Summary of the Judgment 
1. Agriculture — Common organisation of the markets — Rules — Lacuna — 
Solution 
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SUMMARY — JOINED CASES T-142/01 AND T-283/01 
2. Fisheries — Common organisation of the markets — Compensation for producers of 
tuna intended for the processing industry — Allocation between producers' organi­
sations — Change of membership by producers — Effect on the allocation of the 
allowance 
(Council Regulation No 3759/92, Art. 18(4) and (5)) 
3. Acts of the institutions — Adoption foreseeable by a prudent and circumspect 
operator — Principle of the protection of legitimate expectations — Inapplicable — 
Reliance on that principle in order to require the repetition of a misinterpretation of an 
act — Inadmissible 
1. When there is a lacuna in the rules on 
the common organisation of a market, 
a solution must be sought in the light of 
the aims and objectives of the common 
organisation of the market, taking 
account of considerations of a practical 
and administrative nature. 
(see para. 77) 
2. In order to determine the compen­
sation, provided for by Article 18 of 
Council Regulation No 3759/92 on the 
common organisation of the market in 
fishery and aquaculture products, as 
amended, due to a producers' organi­
sation for a given quarter in accordance 
with Article 18(4), it is necessary to 
allocate to it the average previous 
production of all producers who, in 
that quarter, are members of that 
producers' organisation. 
If it were held otherwise, unjustified 
and unfair distortions would arise for 
the real beneficiaries of the compensa­
tory allowances, that is the producers, 
whose level of income which the allow­
ances are intended to protect would be 
likely to be seriously affected by 
changes of membership of the pro­
ducers' organisations. 
(see paras 89, 90) 
3. Any economic operator to whom an 
institution has given cause to entertain 
justified hopes may rely on the prin­
ciple of the protection of legitimate 
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OPTUC v COMMISSION 
expectations. On the other hand, if a 
prudent and circumspect economic 
operator could have foreseen the adop­
tion of a Community measure likely to 
affect his interests, he cannot plead that 
principle if the measure is adopted. 
Finally, the principle of protection of 
legitimate expectations cannot be 
relied on to justify, or to require the 
repetition of, a misinterpretation of an 
act. 
(see paras 100, 103) 
II - 331