Case C-419/00: Action brought on 13 November 2000 by the Commission of the European Communities against the French Republic
Date: 2001-01-06
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, authorised catch, catch quota, fishing regulations

6.1.2001

EN

Official Journal of the European Communities

C 4/3

The Commission of the European Communities claims that
the Court of Justice should:

Action brought on 13 November 2000 by the Com-
mission of the European Communities against the French
Republic

1. Declare that

— by failing to determine the appropriate detailed rules
for the utilization of the quotas allocated to them
for the fishing years 1991, 1992, 1993 and 1994;

— by failing to ensure compliance with the Community
rules on the conservation of species through suf-
ficient monitoring of fishing activities, appropriate
inspection of the fishing fleet and of catches landed
and recordal of catches;

— by not provisionally prohibiting fishing by vessels
flying the French flag or registered in France when
the catches taken had been deemed to have exhaus-
ted the corresponding quota and by prohibiting
fishing on a contingent basis even though the quota
had been exceeded by far,
in the 1991, 1992,
1993 and 1994 fishing years;

— by failing to take criminal or administrative proceed-
ings against any skipper or other persons responsible
for fishing after the prohibition thereof, as regards
the 1991, 1992, 1993 and 1994 fishing years;

the French Republic has failed to fulfil its obligations
under Article 5(2) of Regulation (EEC) No 170/83, (1)
Article 1 and 11(1) and (2) of Regulation (EEC)
No 2241/87, (2) Articles 2, 21(1) and (2) and 31 of
Regulation (EEC) No 2847/93 (3) and Article 9(2) of
Regulation (EEC) No 3760/92 (4).

2. Order the French Republic to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
relied upon in Case C-333/99 (5) concerning the same infringe-
ments in 1988 and 1990.

(1) OJ L 24 of 27.01.1983, p. 1.
(2) OJ L 207 of 29.07.1987, p. 1.
(3) 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).

(4) Council Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture
(OJ 1992 L 389, p, 1).
(5) OJ 1999 C 333, p. 17.

(Case C-419/00)

(2001/C 4/05)

An action against the French Republic was brought before the
Court of Justice on 13 November 2000 by the Commission of
the European Communities, represented by T. Van Rijn, Legal
Adviser, and B. Mongin, of its Legal Service, acting as Agents,
with an address for service in Luxembourg at the office of
C. Go´ mez de la Cruz, also of its Legal Service, Wagner Centre,
Kirchberg.

The Commission of the European Communities claims that
the Court of Justice should:

1. Declare that

— by failing to determine the appropriate detailed rules
for the utilization of the quotas allocated to them
for the fishing years 1995 and 1996;

— by failing to ensure compliance with the Community
rules on the conservation of species through suf-
ficient monitoring of fishing activities, appropriate
inspection of the fishing fleet and of catches landed
and recordal of catches;

— by not provisionally prohibiting fishing by vessels
flying the French flag or registered in France when
the catches taken had been deemed to have exhaus-
ted the corresponding quota and by prohibiting
fishing on a contingent basis even though the quota
had been exceeded by far, in the 1995 and 1996
fishing years;

— by failing to take criminal or administrative proceed-
ings against any skipper or other persons responsible
for fishing after the prohibition thereof, as regards
the 1995 and 1996 fishing years;

the French Republic has failed to fulfil its obligations
under Article 9(2) of Regulation TEC) No 3760/92 (1) and
Articles 2, 21 and 31 of Regulation (EEC) No 2847/93 (2),
in conjunction with Regulations (EEC) Nos 3362/94 (3)
and 3074/95 (4);

C 4/4

EN

Official Journal of the European Communities

6.1.2001

2. Order the French Republic to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
relied upon in Case C-333/99 (5) concerning the same infringe-
ments in 1988 and 1990.

(1) Council Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture
(OJ 1992 L 389, p. 1)

(2) 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)

(3) Council Regulation (EC) No 3362/94 of 20 December 1994
fixing, for certain fish stocks and groups of fish stocks, the total
allowable catches for 1995 and certain conditions under which
they may be fished (OJ 1994 L 363, p. 1).

(4) Council Regulation (EC) No 3074/95 of 22 December 1995
fixing, for certain fish stocks and groups of fish stocks, the total
allowable catches for 1996 and certain conditions under which
they may be fished (OJ 1995 L 330, p. 1).

(5) OJ 1999 C 333, p. 17.