, REPRESENTED , FOR THE PURPOSES OF THE WRITTEN PROCEDURE , BY R . D . MUNROW , ASSISTANT TREASURY SOLICITOR , ACTING AS AGENT , ASSISTED BY T . H . BINGHAM , QC , GRAY ' S INN , AND P . G . LANGDON-DAVIES , BARRISTER OF THE INNER TEMPLE , AND , FOR THE PURPOSES OF THE ORAL PROCEDURE , BY THE LORD ADVOCATE , LORD MACKAY OF CLASHFERN , QC , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BRITISH EMBASSY ,
DEFENDANT ,
Subject of the case
APPLICATION FOR A DECLARATION THAT , BY APPLYING UNILATERAL SEA FISHERIES MEASURES IN CERTAIN FISHERIES OFF ITS COASTS , THE UNITED KINGDOM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ,
Grounds
1 BY APPLICATION OF 27 FEBRUARY 1979 THE COMMISSION BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT THE UNITED KINGDOM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY BY APPLYING UNILATERAL SEA FISHERIES MEASURES REGARDING :
- HERRING FISHING IN THE MOURNE FISHERY SITUATED OFF THE EAST COAST OF IRELAND AND NORTHERN IRELAND ;
- HERRING FISHING IN THE ISLE OF MAN AND NORTHERN IRISH SEA FISHERY ;
- FISHING FOR NORWAY POUT IN THE ZONE KNOWN AS ' ' THE NORWAY POUT BOX ' ' ADJOINING THE EAST AND NORTH COASTS OF SCOTLAND .
THE BACKGROUND TO THE DISPUTES
2 IT SHOULD BE RECALLED THAT DURING 1977 THE THREE FISHING ZONES IN QUESTION WERE GOVERNED BY REGULATIONS ADOPTED BY THE COUNCIL AS INDICATED BELOW WITH REGARD TO EACH OF THE THREE HEADS OF THE DISPUTE . THE COMMISSION HAD DULY SUBMITTED TO THE COUNCIL PROPOSALS TO EXTEND THE PERIOD OF VALIDITY OF THOSE MEASURES , WITH CERTAIN AMENDMENTS , TO 1978 . HOWEVER , BECAUSE OF THE CONTINUED DIFFERENCES OF OPINION WITHIN THE COUNCIL , IT BECAME EVIDENT THAT IT WAS IMPOSSIBLE TO BRING INTO FORCE COMMUNITY CONSERVATION MEASURES FOR 1978 . DURING THE MEETING ON 30 AND 31 JANUARY 1978 IT BECAME CLEAR THAT ATTEMPTS TO REACH A SOLUTION WITHIN THE COUNCIL HAD FINALLY FAILED .
3 IN VIEW OF THIS SITUATION , THE COUNCIL , ON 31 JANUARY 1978 , ISSUED THE FOLLOWING STATEMENT :
' ' THE COUNCIL FAILED TO REACH AGREEMENT AT THIS MEETING ON THE DEFINITION OF A NEW COMMON FISHERIES POLICY BUT AGREED TO RESUME EXAMINATION OF THESE MATTERS AT A LATER DATE . PENDING THE INTRODUCTION OF A COMMON SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES , ALL THE DELEGATIONS UNDERTOOK TO APPLY NATIONAL MEASURES ONLY WHERE THEY WERE STRICTLY NECESSARY , TO SEEK THE APPROVAL OF THE COMMISSION FOR THEM AND TO ENSURE THAT THEY WERE NON-DISCRIMINATORY AND IN CONFORMITY WITH THE TREATY ' ' .
4 BY LETTER OF 2 FEBRUARY 1978 , THE GOVERNMENT OF THE UNITED KINGDOM INFORMED THE COMMISSION THAT IN THE LIGHT OF THE OUTCOME OF THE COUNCIL MEETING ON 30 AND 31 JANUARY 1978 IT PROPOSED TO MAINTAIN