. THE LATTER DECREE , OF 20 DECEMBER 1979 , RAISED THE MINIMUM MESH-SIZE FROM 75 TO 80 MM .
3 ON 7 MAY 1980 THE FISHING VESSEL CHRISTINA , HAVING A TONNAGE OF 67 GRT , FISHED FOR SOLE AND PLAICE IN BELGIAN COASTAL WATERS USING A DOUBLE-TWINE NET HAVING A MESH-SIZE OF MORE THAN 75 MM BUT LESS THAN 80 MM .
4 IN THE COURSE OF THE CRIMINAL PROCEEDINGS , THE ACCUSED CLAIMED THAT THE AFOREMENTIONED COUNCIL REGULATION ( EEC ) NO 2527/80 OF 30 SEPTEMBER 1980 , WHICH ENTERED INTO FORCE ON 1 OCTOBER 1980 , CONTAINED PROVISIONS MORE FAVOURABLE TO HIM INASMUCH AS IT RAISED THE TONNAGE LIMIT TO 70 GRT AND FIXED THE MINIMUM MESH-SIZE FOR DOUBLE-TWINE NETS AT 75 MM . CONSIDERING THAT A RULING OF THE COURT OF JUSTICE WAS NECESSARY NOT MERELY FOR THE PURPOSE OF ADJUDICATING UPON THAT SUBMISSION BUT ALSO AND ABOVE ALL OF JUDGING WHETHER THE BELGIAN MEASURES MENTIONED ABOVE WERE COMPATIBLE WITH COMMUNITY LAW , THE RECHTBANK VAN EERSTE AANLEG REQUESTED THE COURT TO GIVE A PRELIMINARY RULING ON THE FOLLOWING QUESTIONS :
' ' 1 . DID THE MEMBER STATES AT THE TIME OF THE OCCURRENCES SUBMITTED FOR JUDGMENT TO THIS COURT REMAIN COMPETENT TO ENACT PROVISIONS FOR THE LIMITATION OF FISHING SUCH AS THOSE EMBODIED IN THE ROYAL DECREE OF 23 APRIL 1979 LAYING DOWN MEASURES FOR THE PROTECTION OF RESOURCES IN FISH , CRUSTACEANS AND MULLOSCS IN THE BELGIAN FISHING ZONE ( BELGISCH STAATSBLAD ( BELGIAN GAZETTE ) OF 15 MAY 1979 ) AND WERE THEY ENTITLED TO ENFORCE COMPLIANCE WITH SUCH PROVISIONS WITHIN THE ZONE COMING WITHIN THEIR JURISDICTION HAVING REGARD TO ARTICLES 30 , 34 , 38 TO 47 OF THE EEC TREATY OF 25 MARCH 1957 , ARTICLE 102 OF THE ACT OF ACCESSION AND OF REGULATIONS ( EEC ) NOS 100/76 AND 101/76 ON THE COMMON ORGANIZATION OF THE MARKET IN FISHERY PRODUCTS AND LAYING DOWN A COMMON STRUCTURAL POLICY FOR THE FISHING INDUSTRY RESPECTIVELY ( OFFICIAL JOURNAL 1976 , L 20)?
2.MAY RETROACTIVE EFFECT BE CONFERRED UPON COUNCIL REGULATION ( EEC ) NO 2527/80 LAYING DOWN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES OR ANY SUBSEQUENT REGULATIONS GOVERNING THE SAME MATTERS?
' '
THE FIRST QUESTION
5 THE FIRST QUESTION INQUIRES WHETHER THE MEMBER STATES STILL RETAINED POWER AFTER 31 DECEMBER 1978 TO ADOPT CONSERVATION MEASURES OF THE KIND CONTAINED IN THE BELGIAN ROYAL DECREES IN QUESTION .
6 AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 5 MAY 1981 IN CASE 804/79 COMMISSION V UNITED KINGDOM ( 1981 ) ECR 1045 , THE POWER TO ADOPT , AS PART OF THE COMMON FISHERIES POLICY , MEASURES RELATING TO THE CONSERVATION OF THE RESOURCES OF THE SEA HAS BELONGED FULLY AND DEFINITIVELY TO THE COMMUNITIES SINCE THE EXPIRATION ON 1 JANUARY 1979 OF THE TRANSITIONAL PERIOD LAID DOWN BY ARTICLE 102 OF THE ACT OF ACCESSION SO THAT AFTER THAT DATE THE MEMBER STATES ARE NO