Case C-221/09: Judgment of the Court (Second Chamber) of 17 March 2011 (reference for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili — Republic of Malta) — AJD Tuna Ltd v Direttur tal-Agrikoltura u s-Sajd, Avukat Generali (Regulation (EC) No 530/2008 — Validity — Common fisheries policy — Conservation of resources — Recovery of bluefin tuna stocks in the Eastern Atlantic and the Mediterranean)
Date: 2011-03-17
Institutions: Court of Justice
Subjects: aquatic environment, catch quota, environmental protection, fishing regulations, infringement of EU law, interpretation of the law, management of resources, protected species, sea fish








C_2011139EN.01000202.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/2





Judgment of the Court (Second Chamber) of 17 March 2011 (reference for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili — Republic of Malta) — AJD Tuna Ltd v Direttur tal-Agrikoltura u s-Sajd, Avukat Generali
(Case C-221/09) (1)

(Regulation (EC) No 530/2008 - Validity - Common fisheries policy - Conservation of resources - Recovery of bluefin tuna stocks in the Eastern Atlantic and the Mediterranean)
2011/C 139/03
Language of the case: Maltese

Referring court

Prim’Awla tal-Qorti Ċivili

Parties to the main proceedings


Applicant: AJD Tuna Ltd

Defendants: Direttur tal-Agrikoltura u s-Sajd, Avukat Generali

Re:

Reference for a preliminary ruling — Prim’Awla tal-Qorti Ċivili — Validity of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45 °W, and in the Mediterranean Sea (OJ L 155, p. 9)

Operative part of the judgment







1.


Examination of the questions referred has disclosed no factor of such a kind as to affect the validity of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45°W, and in the Mediterranean Sea or of Article 7(2) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy as regards the adversarial principle and the principle of effective judicial protection;










2.


Examination of the questions referred has disclosed no factor of such a kind as to affect the validity of Regulation No 530/2008 as regards the requirement to state reasons laid down in Article 296(2) TFEU, the principle of the protection of legitimate expectations and the principle of proportionality;










3.


Regulation No 530/2008 is invalid in so far as, having been adopted on the basis of Article 7(1) of Regulation No 2371/2002, the prohibitions it contains took effect from 23 June 2008 for purse seiners flying the flag of or registered in Spain and Community operators who had concluded contracts with them, whereas those prohibitions took effect from 16 June 2008 for purse seiners flying the flag of or registered in Malta, Greece, France, Italy and Cyprus and Community operators who had concluded contracts with them, without such difference in treatment being objectively justified.






(1)  OJ C 205, 29.8.2009.