Parties
IN JOINED CASES 137 AND 140/81
REFERENCES TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL DE GRANDE INSTANCE ( REGIONAL COURT ), BAYONNE , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
DIRECTEUR DES AFFAIRES MARITIMES DU LITTORAL DU SUD-OUEST ( DIRECTOR OF MARINE AFFAIRS FOR THE SOUTH-WESTERN SEABOARD ), BAYONNE , PROSECUTOR ,
AND
PROCUREUR DE LA REPUBLIQUE ( PUBLIC PROSECUTOR ), INTERVENING ,
AND
ALFONSO CAMPANDEGUY SAGARZAZU , FUENTARRABIA , SPAIN ( CASE 137/81 ),
AND BETWEEN
ADMINISTRATEUR DES AFFAIRES MARITIMES ( ADMINISTRATOR OF MARINE AFFAIRS ), BAYONNE , AND PROCUREUR DE LA REPUBLIQUE
AND
ANTONIO ECHEVARRIA SAGASTI , PASAJES DE SAN PEDRO , SPAIN ( CASE 140/81 )
Subject of the case
ON THE VALIDITY OF REGULATIONS OF THE COUNCIL LAYING DOWN CERTAIN TEMPORARY MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF SPAIN ,
Grounds
1 BY JUDGMENTS OF 23 APRIL AND 21 MAY 1981 , WHICH WERE RECEIVED AT THE COURT ON 5 JUNE 1981 , THE TRIBUNAL DE GRANDE INSTANCE ( REGIONAL COURT ), BAYONNE , REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION AS TO WHETHER , HAVING REGARD TO PRIOR INTERNATIONAL OBLIGATIONS , REGULATIONS OF THE COUNCIL OF THE EUROPEAN COMMUNITIES LAYING DOWN CERTAIN INTERIM MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF SPAIN ARE VALID , IN SO FAR AS THEY HAVE LAID DOWN CERTAIN CONDITIONS FOR FISHING OPERATIONS CARRIED OUT BY SPANISH NATIONALS IN THE ECONOMIC ZONE ESTABLISHED BY FRENCH DECREE NO 77-130 OF 11 FEBRUARY 1977 ( JOURNAL OFFICIEL DE LA REPUBLIQUE FRANCAISE OF 12 FEBRUARY 1977 , P . 864 ) AND WHETHER , IF VALID , THOSE REGULATIONS ARE ENFORCEABLE AGAINST SPANISH NATIONALS .
2 THE QUESTION WAS RAISED BY CRIMINAL PROCEEDINGS AGAINST THE MASTERS OF TWO FISHING VESSELS REGISTERED IN SPAIN , WHO WERE CHARGED WITH FISHING IN WATERS WITHIN THE FRENCH ECONOMIC ZONE , WITHOUT BEING IN POSSESSION OF A FISHING LICENCE .
3 MR CAMPANDEGUY SAGARZAZU , THE DEFENDANT IN THE MAIN PROCEEDINGS IN CASE 137/81 , WAS DISCOVERED FISHING ON 2 FEBRUARY 1981 IN THE ZONE BETWEEN 12 AND 200 NAUTICAL MILES FROM THE BASELINES . MR ECHEVARRIA SAGASTI , THE DEFENDANT IN THE MAIN PROCEEDINGS IN CASE 140/81 , FISHED IN THE SAME ZONE ON 10 MARCH 1981 .
4 THE NATIONAL COURT CONSIDERED THAT THE DEFENDANTS WERE UNABLE TO PRODUCE THE LICENCE REQUIRED BY COUNCIL REGULATIONS NO 1719/80 , NO 3305/80 AND NO 554/81 AND THAT IN THOSE CIRCUMSTANCES THE FISHING IN WHICH THE DEFENDANTS HAD ENGAGED CONSTITUTED AN OFFENCE CREATED AND PUNISHED BY FRENCH CRIMINAL LEGISLATION .
5 IN BOTH CASES THE DEFENDANTS IN THE MAIN PROCEEDINGS MAINTAIN THAT THE COMMUNITY REGULATIONS ARE INVALID OR IN ANY EVENT INAPPLICABLE AS AGAINST THEM , BEING INCOMPATIBLE WITH THE RIGHTS UPON WHICH THEY MAY RELY IN CONSEQUENCE OF