Order of the Court (Eighth Chamber) of 1 March 2022 – K. M. (Sanctions imposed on the master of a vessel – II)

(Case C‑493/21) ( 1 )

(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system for ensuring compliance with the rules of the common fisheries policy – Article 89 – Measures to ensure compliance – Article 90 – Criminal sanctions – Principle of proportionality – Interpretation of the judgment of 11 February 2021, K. M. (Sanctions imposed on the master of a vessel) (C‑77/20, EU:C:2021:112))

1. Fisheries – Common fisheries policy – Control measures – Obligations of the Member States to inspect and to take action – Penalties – Member States’ discretion – Limits – Observance of the principle of proportionality – No obligation to take into account the concrete and specific circumstances of each case (Charter of Fundamental Rights of the European Union, Art. 49(3); Council Regulation No 1224/2009, recital 39 and Arts 89 and 90) (see paras 12-16)

2. Fisheries – Common fisheries policy – Control measures – Obligations of the Member States to inspect and to take action – Use of automatic grading equipment – Penalties – Imposition of a fine and mandatory forfeiture of the catches and the prohibited or non-compliant fishing gear – Admissibility – Conditions – Verification by the national court (Charter of Fundamental Rights of the European Union, Art. 49(3); Council Regulations No 850/98, Art. 32(1), and No 1224/2009, recital 39 and Arts 89 and 90) (see paras 21, 22, 27, operative part)

3. Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Jurisdiction of the national court – Establishing and assessing the facts of the dispute – Application of provisions interpreted by the Court (Art. 267 TFEU) (see para. 24)

4. EU law – Direct effect – Primacy – Obligations of national courts (see para. 25)

Operative part

Articles 89 and 90 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, read in the light of the principle of proportionality enshrined in Article 49(3) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that it is for the national courts to assess, in accordance with the assessment criteria provided by the Court in the judgment of 11 February 2021, K. M. (Sanctions imposed on the master of a vessel) (C‑77/20, EU:C:2021:112), whether, in relation to the infringement committed, including its seriousness, the mandatory forfeiture of all catch and all fishing gear found on board the vessel concerned is proportionate to the attainment of the objective legitimately pursued by the prohibition, laid down in Article 32(1) of 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, as amended by Regulation (EU) No 227/2013 of the European Parliament and of the Council of 13 March 2013, relating to grading equipment, and to examine, if necessary, the need to adjust, modulate or mitigate the extent of the forfeiture order in respect of the catch and the fishing gear.

( 1 ) OJ C 401, 4.10.2021.