Judgment of the Court (Fifth Chamber) 25 April 2002 In Joined Cases C-418/00 and C-419/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Community system for the conservation and management of fishery resources — Inspection of fishing vessels and monitoring of catches (Article 5(2) of Regulation (EEC) No 170/83, Article 1(1) of Regulation (EEC) No 2241/87, Article 9(2) of Regulation (EC) No 3760/92 and Article 2 of Regulation (EEC) No 2847/93) — Late suspension of fishing (Article 11(1) and (2) of Regulation No 2241/87 and Article 21(1) and (2) of Regulation No 2847/93) — Absence of penal or administrative action against those responsible for exceeding quotas (Article 1(2) of Regulation No 2241/87 and Article 31 of Regulation No 2847/93))
Date: 2002-06-15
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, authorised catch, catch quota, fishing regulations

C 144/10

EN

Official Journal of the European Communities

15.6.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

30 April 2002

(Fifth Chamber)

25 April 2002

in Case C-400/00 (Reference for a preliminary ruling from
the Tribunal Judicial da Comarca do Porto): Club-Tour,
Viagens e Turismo SA v Alberto Carlos Lobo Gonçalves
Garrido, Third party: Club Med Viagens Ld.ª (1)

(Directive 90/314/EEC — Package travel, package holidays
and package tours — Definition of ‘package travel’ and ‘pre-
arranged’)

(2002/C 144/14)

(Language of the case: Portuguese)

In Joined Cases C-418/00 and C-419/00: Commission of
the European Communities v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Community system for the conservation and management
of fishery resources — Inspection of fishing vessels and
monitoring of catches (Article 5(2) of Regulation (EEC)
No 170/83, Article 1(1) of Regulation (EEC) No 2241/87,
Article 9(2) of Regulation (EC) No 3760/92 and Article 2 of
Regulation (EEC) No 2847/93) — Late suspension of fishing
(Article 11(1) and (2) of Regulation No 2241/87 and
Article 21(1) and (2) of Regulation No 2847/93) — Absence
of penal or administrative action against those responsible
for exceeding quotas (Article 1(2) of Regulation No 2241/
87 and Article 31 of Regulation No 2847/93))

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(2002/C 144/15)

(Language of the case: French)

In Case C-400/00: Reference to the Court under Article 234
EC by the Tribunal Judicial da Comarca do Porto (Portugal) for
a preliminary ruling in the proceedings pending before that
court between Club-Tour, Viagens e Turismo SA and Alberto
Carlos Lobo Gonçalves Garrido; Third party: Club Med Viagens
Ld.ª, on the interpretation of Article 2(1) of Council Directive
90/314/EEC of 13 June 1990 on package travel, package
holidays and package tours,
(Third Chamber),
composed of: F. Macken, President of the Chamber, C. Gul-
mann (Rapporteur) and J. N. Cunha Rodrigues, Judges; A. Tiz-
zano, Advocate General; R. Grass, Registrar, has given a
judgment on 30 April 2002, in which it:

the Court

1.

2.

The term ‘package’ used in Council Directive 90/314/EEC of
13 June 1990 on package travel, package holidays and package
tours, must be interpreted so as to include holidays organised
by travel agents, at the request of and in accordance with the
specifications of a consumer or limited group of consumers.

The term ‘pre-organised combination’ used in Article 2(1) of
Directive 90/314 must be interpreted so as
to include
combinations of tourist services put together at the time when
the contract is concluded between the travel agency and the
consumer.

(1) OJ C 372 of 23.12.2000.

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-418/00 and C-419/00, Commission of the
European Communities, (Agents: T. van Rijn and B. Mongin) v
French Republic,
(Agents: C. Vasak and G. de Bergues):
Application for a declaration that:

— by failing to determine the appropriate detailed rules for
the utilisation of the quotas allocated to it for the 1991 to
1994 fishing years (Case C-418/00) and the 1995 and
1996 fishing years (Case C-419/00),

— by failing to ensure compliance with the Community
rules on the conservation of species through monitoring
of fishing activities, and through appropriate inspection
of landings and catch records,

— by not provisionally prohibiting fishing by vessels flying
the French flag or registered in French territory when the
catches landed were deemed to have exhausted the
corresponding quota and by finally prohibiting fishing
only when the corresponding quota had been consider-
ably exceeded, in the 1991 to 1994 fishing years (Case
C-418/00), and the 1995 and 1996 fishing years (Case
C-419/00), and

— by failing to take penal or administrative action against
any master of a vessel or other person responsible for
in the
fishing after a prohibition had been imposed,
1991 to 1994 fishing years (Case C-418/00), and the
1995 and 1996 fishing years (Case C-419/00),

15.6.2002

EN

Official Journal of the European Communities

C 144/11

the French Republic has failed to fulfil its obligations under
Article 5(2) of Council Regulation (EEC) No 170/83 of
25 January 1983 establishing a Community system for the
conservation and management of fishery resources (OJ 1983
L 24, p. 1), Articles 1 and 11(1) and (2) of Council Regulation
(EEC) No 2241/87 of 23 July 1987 establishing certain
control measures for fishing activities (OJ 1987 L 207, p. 1),
Article 9(2) of Council Regulation (EEC) No 3760/92 of
20 December 1992 establishing a Community system for
fisheries and aquaculture (OJ 1992 L 389, p. 1) and Articles 2,
21(1) and (2) and 31 of 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) (Case
C-418/00), and under Article 9(2) of Regulation No 3760/92
and Articles 2, 21 and 31 of Regulation No 2847/93,
in
conjunction with 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), and Council Regulation (EC) No 3074/95 of 22 Decem-
ber 1995 fixing, for certain fish stocks and groups of fish
the total allowable catches for 1996 and certain
stocks,
conditions under which they may be fished (OJ 1995 L 330,
p. 1) (Case C-419/00),

and by finally prohibiting fishing only when the quota had been
considerably exceeded, the French Republic has failed to fulfil
its obligations under Article 11(1) and (2) of Regulation
No 2241/87, as regards the 1991 to 1993 fishing years, and
under Article 21(1) and (2) of Regulation No 2847/93, as
regards the 1994 to 1996 fishing years;

By failing to take penal or administrative action against any
master of a vessel or other person responsible for fishing after a
prohibition had been imposed, the French Republic has failed
to fulfil
its obligations under Article 1(2) of Regulation
No 2241/87, as regards the 1991 to 1993 fishing years, and
under Article 31 of Regulation No 2847/93, as regards the
1994 to 1996 fishing years;

2. Orders the French Republic to pay the costs.

(1) OJ C 4 of 6.1.2001.

The Court (Fifth Chamber), composed of: P. Jann, President of
the Chamber, D. A. O. Edward (Rapporteur) and M. Wathelet,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
has given a judgment on 25 April 2002, in which it:

ORDER OF THE COURT

(Fifth Chamber)

4 March 2002

1. Declares that, as regards the 1991 and 1996 fishing years, by
failing to determine the appropriate detailed rules for the
utilisation of the quotas allocated to it and by failing to ensure
compliance with the Community rules on the conservation of
species through monitoring of fishing activities and through
appropriate inspection of landings and catch records, the French
Republic has failed to fulfil its obligations under Article 5(2) of
Council Regulation (EEC) No 170/83 of 25 January 1983
establishing a Community system for the conservation and
management of
fishery resources, Article 1(1) of Council
Regulation (EEC) No 2241/87 of 23 July 1987 establishing
certain control measures for fishing activities, Article 9(2) of
Council Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture
and Article 2 of Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to
the common fisheries policy;

in Case C-175/00 (Reference for a preliminary ruling from
the Arbeidshof te Antwerpen): Marie-Josée Verwayen-
Boelen v Rijksdienst voor Arbeidsvoorziening (1)

(Article 104(3) of the Rules of Procedure — Answer to the
question admitting of no reasonable doubt — Article 67(3)
of Regulation (EEC) No 1408/71 — Aggregation of periods
of insurance or employment for the purpose of acquisition of
a right to unemployment benefits — Requirement that
periods of insurance or employment be completed lastly in
accordance with the legislation under which the benefits are
claimed)

(2002/C 144/16)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

By not provisionally prohibiting fishing by vessels flying the
French flag or registered in French territory when the catches
landed were deemed to have exhausted the corresponding quota,

In Case C-175/00: Reference to the Court under Article 234
EC by the Arbeidshof te Antwerpen (Belgium) for a preliminary