Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-149/03: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil obligations — System of fishing quotas — 1991 to 1996 fishing years)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, authorised catch, catch quota, conservation of fish stocks, fishery management, fishery resources, fishing controls, over-exploitation of resources, ship's flag

C 217/6

EN

Official Journal of the European Union

3.9.2005

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 112 of 10.5.2003.

January 1983 establishing a Community system for the conserva-
tion and management of fishery resources, Article 9(2) of Council
Regulation (EEC) No 3760/92 of 20 December 1992 estab-
lishing a Community system for fisheries and aquaculture, Article
1 and Article 11(1) and (2) of Council Regulation (EEC)
No 2241/87 of 23 July 1987 establishing certain control
measures for fishing activities and Article 2, Article 21(1) and (2)
and Article 31 of Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy.

JUDGMENT OF THE COURT

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

(Third Chamber)

of 21 July 2005

(1) OJ C 135 of 07.06.2003.

in Case C-149/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure by a Member State to fulfil obligations — System of
fishing quotas — 1991 to 1996 fishing years)

(2005/C 217/11)

(Language of the case: Dutch)

In Case C-149/03 Commission of the European Communities
(Agent: T. van Rijn) v Kingdom of Belgium (Agent: A. Snoecx,
assisted by H. Gilliams) — action under Article 226 EC for
failure to fulfil obligations, brought on 1 April 2003 — the
Court (Third Chamber), composed of A. Rosas, President of the
Chamber,
Bahr,
J. Malenovský and U. Lõhmus, Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, gave a judgment on 21 July 2005,
in which it:

(Rapporteur),

Puissochet

von

J.-P.

S.

1. Declares that, having failed

— to establish the appropriate detailed rules for utilisation of the
quotas allocated to it for each of the fishing years in the
period 1991 to 1996;

— in respect of each of those fishing years to ensure compliance
with Community legislation on the conservation of fisheries
resources through the supervision of
fishing activities and
appropriate monitoring of the unloading and registration of
catches;

— in respect of each of those fishing years within a reasonable
period of time provisionally to prohibit fishing with vessels
which fly its flag or are registered within its territory when the
applicable quota was deemed to have been exhausted;

— to adopt administrative or criminal measures against those
responsible for fishing activities after bans had come into
force,

the Kingdom of Belgium has failed to fulfil its obligations under
Article 5(2) of Council Regulation (EEC) No 170/83 of 25

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 July 2005

in Case C-198/03 P: Commission of the European Commu-
nities v CEVA Santé Animale SA, Pfizer Enterprises Sàrl,
International Federation for Animal Health (IFAH) (1)

(Appeal — Regulation (EEC) No 2377/90 — Veterinary
medicinal products — Establishment of a maximum residue
level for progesterone — Conditions governing the non-
contractual liability of the Community)

(2005/C 217/12)

(Language of the case: English)

In Case C-198/03 P — Appeal under Artricle 56 of the Statute
of the Court of Justice, brought on 12 May 2003 by Commis-
sion of the European Communities (Agents: T. Christoforou
and M. Shotter), the other parties to the proceedings being:
CEVA Santé Animale SA, having its registered office in
Libourne (France), (Lawyers: D. Waelbroeck, N. Rampal, and
U. Zinsmeister), Pfizer Enterprises Sàrl, formerly Pharmacia
Enterprises SA and, prior to that, Pharmacia & Upjohn SA,
having its
registered office in Luxembourg (Luxembourg)
(Lawyers: D. Waelbroeck, N. Rampa and U. Zinsmeister),
supported by International Federation for Animal Health
(IFAH), formerly Fédération européenne de la santé animale
(Lawyer:
(Fedesa),
A. Vandencasteele) — the Court (Grand Chamber), composed
of V. Skouris, President of the Chamber, P. Jann (Rapporteur),
C.W.A. Timmermans and A. Borg Barthet, Presidents of

established

(Belgium),

Brussels

in