Judgment of the Court of Justice (Third Chamber) of 16 December 2004 in Case C-271/02: Commission of the European Communities v Kingdom of Sweden (Failure to fulfil obligations — Fishing — Conservation and management of resources — Measures to control fishing activity)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: Sweden, action for failure to fulfil an obligation, catch quota, conservation of fish stocks, fishing regulations, infringement of EU law, ship's flag

C 45/2

EN

Official Journal of the European Union

19.2.2005

by decision of 20 December 2001, received at the Court on
29 January 2002, in the proceedings between Viktor Hlozek
and Roche Austria Gesellschaft mbH Ä the Court
(First
Chamber), composed of P. Jann, President of the Chamber, A.
Rosas (Rapporteur), R. Silva de Lapuerta, K. Lenaerts and
S. von Bahr, Judges; J. Kokott, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 9 December 2004, in which it has ruled:

— to adopt

the appropriate implementing measures for using
availabilities allocated to it and to proceed with the inspections
and other control measures required by the applicable Com-
munity rules,

— to adopt all effective measures to prevent availabilities' being

exceeded,

the laws of

A bridging allowance such as that at issue in the main proceedings
falls under the concept of ‘pay’ within the meaning of Article 141 EC
and Article 1 of Council Directive 75/117/EEC of 10 February
1975 on the approximation of
the Member States
relating to the application of the principle of equal pay for men and
women. In circumstances such as those of the main proceedings, those
provisions do not preclude the application of a social plan providing
for a difference in the treatment of male and female workers in terms
of the age at which they are entitled to a bridging allowance, since,
under
statutory scheme governing early retirement
pensions, they are in different situations with regard to the factors
relevant to the grant of that allowance.

the national

— to take all administrative or penal measures which it was
required to impose against captains of vessels having violated
those rules or against any other person responsible for such a
violation,

the Kingdom of Sweden has failed to fulfil its obligations under
Article 9(2) of Council Regulation No 3760/92 of 20 December
1992 establishing a Community system for fisheries and aquacul-
ture, 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.

(1) OJ C 109 of 04.05.2002.

2. Orders the Kingdom of Sweden to pay the costs.

JUDGMENT OF THE COURT OF JUSTICE

(1) OJ C 289 of 23.11.2002.

(Third Chamber)

of 16 December 2004

in Case C-271/02: Commission of the European Commu-
nities v Kingdom of Sweden (1)

(Failure to fulfil obligations — Fishing — Conservation and
management of resources — Measures to control fishing
activity)

(2005/C 45/03)

(Language of the case: Swedish)

In Case C-271/02: Commission of the European Commu-
nities (Agents: T. van Rijn and C. Tufvesson) against Kingdom
of Sweden (Agents: A. Kruse and A. Falk) – action for failure
to fulfil obligations under Article 226 EC, brought on 24 July
2002 – the Court of Justice (Third Chamber), composed of A.
Rosas, President of the Chamber, J.-P. Puissochet (Rapporteur),
S. von Bahr, U. Lõhmus and A. Ó Caoimh, Judges; D. Ruiz-
Jarabo Colomer, Advocate General, R. Grass, Registrar, has
given a judgment on 16 December 2004, in which it:

1. Declares that, by failing, for the years 1995 and 1996:

JUDGMENT OF THE COURT

(First Chamber)

of 16 December 2004

in Case C-277/02 (reference for a preliminary ruling from
the Oberverwaltungsgericht): EU-Wood-Trading GmbH v
Rheinland-Pfalz
Sonderabfall-Management-Gesellschaft

mbH (1)

(Environment — Waste — Regulation (EEC) No 259/93 on
shipments of waste — Waste intended for recovery — Objec-
tions — Powers of the authority of dispatch — Recovery
contravening the requirements of Article 4 of Directive
75/442/EEC or those of national provisions — Power of the
authority of dispatch to raise such objections)

(2005/C 45/04)

(Language of the case: German)

In Case C-277/02:
ruling
under Article 234 EC from the Oberverwaltungsgericht

a preliminary

reference

for