NOT BEEN ADOPTED IN CONFORMITY WITH THE ABOVE-MENTIONED OBLIGATIONS .
THE SECOND QUESTION
13 THE SECOND QUESTION RAISES THE ISSUE WHETHER REGULATION ( EEC ) NO 2527/80 MENTIONED ABOVE MUST BE INTERPRETED AS HAVING RETROACTIVE EFFECT . IN THAT RESPECT IT SHOULD BE NOTED THAT , ACCORDING TO WELL-ESTABLISHED CASE-LAW OF THE COURT , CONFIRMED MOST RECENTLY IN THE COURT ' S JUDGMENT OF 12 NOVEMBER 1981 IN JOINED CASES 212 AND 217/80 SALUMI AND OTHERS ( 1981 ) ECR ( NON-PUBLISHED ), 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 GENERAL SCHEME THAT SUCH AN EFFECT MUST BE GIVEN TO THEM .
14 BY VIRTUE OF ARTICLE 22 OF REGULATION ( EEC ) NO 2527/80 , THAT REGULATION ENTERED INTO FORCE ON 1 OCTOBER 1980 . THERE IS NOTHING IN THE REGULATION , OR IN SUBSEQUENT REGULATIONS EXTENDING ITS VALIDITY , TO JUSTIFY THE CONCLUSION THAT IT IS INTENDED TO APPLY TO SITUATIONS EXISTING PRIOR TO THAT DATE .
15 THE REPLY TO THE SECOND QUESTION MUST ACCORDINGLY BE THAT NEITHER COUNCIL REGULATION ( EEC ) NO 2527/80 OF 30 SEPTEMBER 1980 LAYING DOWN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES NOR ANY SUBSEQUENT REGULATIONS EXTENDING ITS VALIDITY HAVE RETROACTIVE EFFECT .
Decision on costs
COSTS
16 THE COSTS INCURRED BY THE BELGIAN GOVERNMENT AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE RECHTBANK VAN EERSTE AANLEG , BRUGES , BY JUDGMENT OF 19 JANUARY 1981 , HEREBY RULES :
1 . AFTER THE EXPIRY OF THE PERIOD PROVIDED FOR IN ARTICLE 102 OF THE ACT OF ACCESSION , A MEMBER STATE DOES NOT HAVE POWER TO ADOPT , WITHOUT APPROPRIATE PRIOR CONSULTATION WITH THE COMMISSION AND IN SPITE OF OBJECTIONS , RESERVATIONS OR CONDITIONS FORMULATED BY THE COMMISSION , FISHERY CONSERVATION MEASURES SUCH AS THOSE CONTAINED IN THE BELGIAN ROYAL DECREES OF 23 APRIL AND 20 DECEMBER 1979 LAYING DOWN MEASURES FOR THE PROTECTION OF RESOURCES IN FISH , CRUSTACEANS AND MULLUSCS ; NOR DOES A MEMBER STATE HAVE THE RIGHT TO ENFORCE COMPLIANCE WITH SUCH MEASURES IN THE ZONE COMING WITHIN ITS JURISDICTION IF THE MEASURES HAVE NOT BEEN ADOPTED IN CONFORMITY WITH THE ABOVE-MENTIONED OBLIGATIONS .
2.NEITHER COUNCIL REGULATION ( EEC ) NO 2527/80 OF 30 SEPTEMBER 1980 LAYING DOWN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES