Case C-259/03: Action brought on 17 June 2003 by the Commission of the European Communities against the Kingdom of Denmark
Date: 2003-08-23
Institutions: Court of Justice
Subjects: Denmark, European Commission, action for failure to fulfil an obligation, catch quota, fishery resources, fishing controls, fishing rights

23.8.2003

EN

Official Journal of the European Union

C 200/13

Action brought on 16 June 2002 by the Commission of the
European Communities against the Kingdom of Belgium

and criminal or administrative proceedings against
those responsible for overfishing,

(Case C-255/03)

(2003/C 200/21)

An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on 16 June
2003 by the Commission of
the European Communities,
represented by C.-F. Durand and F. Simonetti, acting as Agents.

The applicant claims that the Court should:

1. Declare that, by maintaining in force a provision which
accords the ‘walloon label of quality’ only to products of
a certain quality manufactured or processed in Wallonie,
the Kingdom of Belgium has failed to fulfil its obligations
under Article 28 of the Treaty establishing the European
Community; and

2. Order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The legislation adopted by the Walloon Government under
which the denomination ‘walloon label of quality’ may be
granted only to products responding to certain quality criteria
and which are manufactured or processed in Wallonie is
contrary to Article 28 EC inasmuch as it constitutes a measure
having an effect equivalent
to a quantitative restriction on
importation. Although the Belgian Government has undertaken
to amend that provision, it was still in force at the expiry of
the period prescribed by the reasoned opinion.

Action brought on 17 June 2003 by the Commission of
the Kingdom of
the European Communities

against

Denmark

(Case C-259/03)

(2003/C 200/22)

An action against
the Kingdom of Denmark was brought
before the Court of Justice of the European Communities on
17 June 2003 by the Commission of the European Commu-
nities, represented by H.P. Hartvig, acting as Agent, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1)

declare that,

— by failing to adopt detailed rules for the utilisation of

the quotas allocated to Denmark,

— by failing to ensure compliance with the EC provi-
sions on the conservation of
fishery resources by
means of monitoring of fishing activity, appropriate
landings and registration of catches,
inspections of

— by failing to issue a provisional prohibition of fishing
from fishing vessels flying the Danish flag or regis-
tered in Denmark when the quota allocated was to
be deemed to have been exhausted,

the Kingdom of Denmark has failed to fulfil
its obliga-
tions both under Article 5(2) of Regulation (EEC) No 170/
83 (1), subsequently replaced by Article 9(2) of Regulation
(EEC) No 3760/92 (2), and under Article 1 of Regulation
(EEC) No 2241/87 (3), subsequently replaced by Articles 2
and 31 of Regulation (EEC) No 2847/93 (4), and also
(2) of Regulation (EEC)
under Article 11(1)
No 2241/87,
subsequently replaced by Article 21(1)
and (2) of Regulation (EEC) No 2847/93;

and

2)

order the Kingdom of Denmark to pay the costs.

Pleas in law and main arguments

— Disregard of Article 5(2) of Council Regulation (EEC)
No 170/83 and Article 9(2) of Council Regulation (EEC)
No 3760/92 and also of Article 1 of Council Regulation
(EEC) No 2241/87 and Articles 2 and 31 of Council
Regulation (EEC) No 2847/93.

for
The Danish Government has acknowledged that
certain stocks the quotas allocated for the years 1990,
1991, 1992 and 1994 were substantially exceeded. The
monitoring carried out of
fishery activities and the
measures taken concerning the management and control
those activities were in the Commission's opinion
of
inadequate.

The Danish authorities moreover in certain cases omitted
to bring criminal proceedings agains the persons respon-
sible for non-compliance with the rules on control and
conservation.

— Disregard of Article 11(1) and (2) of

the said Council
Regulation No 2241/87 and Article 21(1) and (2) of the
said Council Regulation No 2847/93.

The exceeding of the quotas is due to a large extent, as is
also accepted by the Danish Government, to the fact that
the fishing ban was introduced too late.

(1) Council Regulation (EEC) No 170/83 of 25 January 1983 estab-
lishing a Community system for the conservation and management
of fishery resources, OJ L 24 of 27.1.1983, p. 1.

(2) Council Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture, OJ
L 389 of 31.12.1992, p. 1.

(3) Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing
fishing activities, OJ L 207 of

for

certain control measures
29.7.1987, p. 1.

(4) Council Regulation (EEC) No 2847/93 of 12 October 1993 estab-
lishing a control system applicable to the common fisheries policy,
OJ L 261 of 20.10.1993, p. 1.