Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-454/99: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Fisheries — Conservation and management of fishery resources — Control measures for fishing activities)
Date: 2002-12-21
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, catch quota, fishing regulations

C 323/10

EN

Official Journal of the European Communities

21.12.2002

JUDGMENT OF THE COURT

(Fifth Chamber)

of 14 November 2002

in Case C-454/99: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure by a Member State to fulfil
its obligations —
Fisheries — Conservation and management of fishery
resources — Control measures for fishing activities)

(2002/C 323/10)

Regulation (EEC) No 2241/87 of 23 July 1987 establishing
certain control measures for fishing activities (OJ 1987 L 207,
(thereafter), as well as Article 10(2) of Regulation
p. 1)
No 2057/82 and Article 11(2) of Regulation No 2241/87;
Article 9 of Regulation No 2241/87; and Article 1(2) of
Regulation No 2057/82 or Article 1(2) of Regulation No 2241/
87, in conjunction with Article 5(2) of Regulation No 170/83,
the
the Court, composed of: M. Wathelet, President of
Chamber, C.W.A. Timmermans, A. La Pergola (Rapporteur),
P. Jann and S. von Bahr, Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, has given a judgment on 14 No-
vember 2002, in which it:

1. Declares that, in respect of each of the years 1985 to 1988 and

1990, by

— failing to put

in place specific detailed rules for the
utilisation of the quotas allocated to it and to carry out
the inspections and other controls required by the relevant
Community legislation,

(Language of the case: English)

— failing provisionally to close certain fisheries when the

quotas had been exhausted,

In Case C-454/99, Commission of the European Communities
(Agents: T. van Rijn and K. Fitch) v United Kingdom of Great
Britain and Northern Ireland (Agent: R. Magrill, assisted by M.
Hoskins, barrister): Application for a declaration that,
in
respect of each of the years 1985 to 1988 and 1990, by:

— failing to put in place appropriate detailed rules for the

utilisation of the quotas allocated to it,

— failing to carry out inspections and other controls as

required by the relevant Community regulations,

— failing provisionally to close certain fisheries when the

quota was exhausted,

— failing (in 1988 only) to take sufficient measures to
prevent the misreporting of landings of mackerel, and

— failing to take administrative or penal action against the
masters of ships infringing the regulations or any other
person responsible for those infringements,

the United Kingdom of Great Britain and Northern Ireland has
failed to comply with 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) and
Article 1(1) of Council Regulation (EEC) No 2057/82 of
29 June 1982 establishing certain control measures for fishing
activities by vessels of the Member States (OJ 1982 L 220,
p. 1) (up to 1 August 1987) and Article 1(1) of Council

— failing (in 1988 only) to take sufficient measures to
prevent the misreporting of landings of mackerel, and

— failing to take administrative or penal action against the
masters of ships infringing the regulations or any other
person responsible for those infringements,

the United Kingdom of Great Britain and Northern Ireland has
failed to comply with 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 and Article 1(1) of Council
Regulation (EEC) No 2057/82 of 29 June 1982 establishing
certain control measures for fishing activities by vessels of the
Member States (up to 1 August 1987) and Article 1(1) of
Council Regulation (EEC) No 2241/87 of 23 July 1987
establishing certain control measures
fishing activities
(thereafter), as well as Article 10(2) of Regulation No 2057/
82 (up to 1 August 1987) and Article 11(2) of Regulation
No 2241/87 (thereafter); Article 9(1) and (2) of Regulation
No 2241/87; and Article 1(2) of Regulation No 2057/82,
as amended by Council Regulations (EEC) No 3723/85 of
20 December 1985 and No 4027/86 of 18 December 1986
(up to 1 August 1987) and Article 1(2) of Regulation
No 2241/87 (thereafter);

for

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 34 of 5.2.2000.