IS NOT CONCERNED WITH ANY DISPARITIES IN TREATMENT OR THE DISTORTIONS WHICH MAY RESULT, FOR THE PERSONS AND UNDERTAKINGS SUBJECT TO THE JURISDICTION OF THE COMMUNITY, FROM DIVERGENCES EXISTING BETWEEN THE LAWS OF THE VARIOUS MEMBER STATES, SO LONG AS THE LATTER AFFECT ALL PERSONS SUBJECT TO THEM, IN ACCORDANCE WITH OBJECTIVE CRITERIA AND WITHOUT REGARD TO THEIR NATIONALITY . SIMILARLY, IN ITS JUDGMENT OF 3 JULY 1979 IN JOINED CASES 185 TO 204/78 VAN DAM (( 1979 )) ECR 2345, THE COURT HELD, IN EFFECT, THAT THE FACT THAT THE RULES APPLIED BY ONE MEMBER STATE ARE STRICTER THAN THOSE APPLIED IN THE SAME SPHERE BY OTHER MEMBER STATES DOES NOT CONSTITUTE A BREACH OF THE PRINCIPLE OF NON-DISCRIMINATION LAID DOWN IN ARTICLE 7 OF THE TREATY, AS LONG AS THE PROVISIONS IN QUESTION, WHICH ARE MOREOVER COMPATIBLE WITH COMMUNITY LAW, ARE APPLIED EQUALLY TO EVERY PERSON UNDER THE JURISDICTION OF THAT STATE .
19 SECONDLY, THE PLAINTIFF IN THE MAIN PROCEEDINGS STATES THAT THE CONDITION IN QUESTION DISCRIMINATES AGAINST IT AND OTHER IRISH FISHING UNDERTAKINGS IN THE SAME POSITION, AND FAVOURS OTHER FISHING UNDERTAKINGS OPERATING IN IRELAND WHOSE VESSELS ARE FREE TO FISH WITHOUT SIMILAR CONDITIONS ATTACHING TO THE LICENCES ISSUED TO THEM .
20 IN THIS CONNECTION IT MUST BE NOTED THAT THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLE 7 OF THE TREATY IS CONCERNED ONLY WITH DISCRIMINATION ON GROUNDS OF NATIONALITY AND CONSEQUENTLY CANNOT BE RELIED UPON IN CASES SUCH AS THIS IN WHICH THE PLAINTIFF IN THE MAIN PROCEEDINGS CLAIMS THAT THE NATIONAL LEGISLATION AT ISSUE DISCRIMINATES AGAINST CERTAIN IRISH FISHING UNDERTAKINGS IN FAVOUR OF OTHER FISHING UNDERTAKINGS WHICH ARE ALSO IRISH .
21 CONSEQUENTLY, THE ANSWER TO THE SECOND QUESTION MUST BE THAT THE LEGISLATION OF A MEMBER STATE REQUIRING A MINIMUM PROPORTION OF THE CREWS OF VESSELS WHICH ARE ENTERED IN ITS REGISTERS AND WHICH FISH WITHIN ITS EXCLUSIVE FISHING LIMITS TO BE COMMUNITY NATIONALS DOES NOT CONTRAVENE ARTICLE 7 OF THE TREATY .
Decision on costs
COSTS
22 THE COSTS INCURRED BY THE UNITED KINGDOM AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, IN THE NATURE OF A STEP IN THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT ( SIXTH CHAMBER ),
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE HIGH COURT OF IRELAND BY ORDER OF 28 MAY 1986, HEREBY RULES :
( 1 ) ARTICLES 100 AND 102 OF THE ACT OF ACCESSION OF 1972, ARTICLES 1 AND 2 ( 1 ) OF REGULATION NO 101/76 AND ARTICLE 6 OF REGULATION NO 170/83 DO NOT PRECLUDE A MEMBER STATE FROM ENACTING LEGISLATION REQUIRING A MINIMUM PROPORTION OF THE CREWS OF VESSELS WHICH ARE ENTERED IN ITS REGISTERS AND WHICH FISH WITHIN ITS EXCLUSIVE FISHING