Judgment of the Court of 10 February 1982. - Criminal proceedings against Daniël Bout and BV I. Bout en Zonen. - Reference for a preliminary ruling: Rechtbank van eerste aanleg Brugge - Belgium. - Fisheries - National conservation measures. - Case 21/81.
European Court reports 1982 Page 00381
Spanish special edition Page 00081
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - EXCLUSIVE POWER OF THE COMMUNITY - FAILURE TO EXERCISE IT - IMPLEMENTATION OF NATIONAL CONSERVATION MEASURES - CONDITIONS - DUTY TO CONSULT THE COMMISSION AND TO ADHERE TO ITS VIEWPOINT
( ACT OF ACCESSION , ART . 102 )
2 . COMMUNITY LAW - CONFLICTING NATIONAL LEGISLATIVE MEASURE - CRIMINAL CONVICTION - INCOMPATIBILITY WITH COMMUNITY LAW - NATIONAL RULES IN CONFORMITY WITH COMMUNITY OBLIGATIONS - PERMISSIBLE PENALTY
3 . MEASURES ADOPTED BY THE INSTITUTIONS - APPLICATION RATIONE TEMPORIS - RETROACTIVITY OF A RULE OF SUBSTANTIVE LAW - CONDITIONS
4 . FISHERIES - CONSERVATION OF RESOURCES OF THE SEA - TECHNICAL CONSERVATION MEASURES - REGULATION NO 2527/80 AND SUBSEQUENT REGULATIONS EXTENDING ITS VALIDITY - RETROACTIVITY - ABSENCE THEREOF
( COUNCIL REGULATION ( EEC ) NO 2527/80 )
Summary
1 . 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 LONGER ENTITLED TO EXERCISE ANY POWER OF THEIR OWN IN THIS MATTER AND MAY HENCEFORTH ONLY ACT AS TRUSTEES OF THE COMMON INTEREST , IN THE ABSENCE OF APPROPRIATE ACTION ON THE PART OF THE COUNCIL . IN A SITUATION CHARACTERIZED BY THE INACTION OF THE COUNCIL AND BY THE MAINTENANCE , IN PRINCIPLE , OF THE CONSERVATION MEASURES IN FORCE THE MEMBER STATES HAVE AN OBLIGATION TO UNDERTAKE DETAILED CONSULTATIONS WITH THE COMMISSION AND TO SEEK ITS APPROVAL IN GOOD TIME AND ALSO A DUTY NOT TO LAY DOWN NATIONAL CONSERVATION MEASURES IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS WHICH MAY BE FORMULATED BY THE COMMISSION .
2 . WHERE CRIMINAL PROCEEDINGS ARE BROUGHT BY VIRTUE OF A NATIONAL MEASURE WHICH IS HELD TO BE CONTRARY TO COMMUNITY LAW , A CONVICTION IN THOSE PROCEEDINGS IS LIKEWISE INCOMPATIBLE WITH COMMUNITY LAW . ON THE CONTRARY , IT IS FOR THE MEMBER STATES TO ENFORCE COMPLIANCE IN THE ZONE COMING WITHIN ITS JURISDICTION WITH THOSE MEASURES ADOPTED BY IT IN CONFORMITY WITH ITS COMMUNITY OBLIGATIONS .
3 . SUBSTANTIVE RULES OF COMMUNITY LAW MUST BE INTERPRETED , IN ORDER TO ENSURE RESPECT FOR THE PRINCIPLES OF LEGAL CERTAINTY AND THE PROTECTION OF LEGITIMATE EXPECTATION , AS APPLYING TO SITUATIONS EXISTING BEFORE THEIR ENTRY INTO FORCE ONLY IN SO FAR AS IT CLEARLY FOLLOWS FROM THEIR TERMS , OBJECTIVES OR