WAY OF MORE FLEXIBLE MEASURES RELATING IN PARTICULAR TO A RESTRICTION ON BY-CATCHES . HAVING INTRODUCED THE MEASURE COMPLAINED OF UNILATERALLY , WITHOUT SUPPLYING ANY EXPLANATIONS , THE UNITED KINGDOM HAS NOT BEEN ABLE TO SHOW DURING THIS PROCEDURE THE JUSTIFICATION FOR THE MEASURE ADOPTED AS A STRICTLY NECESSARY CONSERVATION MEASURE .
58 IT IS THEREFORE CLEAR THAT THE UNITED KINGDOM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY BY HAVING UNILATERALLY ALTERED A SITUATION ESTABLISHED BY MEASURES PREVIOUSLY AGREED WITHIN A COMMUNITY PROCEDURE AND BY THUS HAVING ADVERSELY AFFECTED THE INTERESTS FOR ANOTHER MEMBER STATE , WITHOUT HAVING SHOWN THE NEED FOR AND URGENCY OF ITS ACTION IN ACCORDANCE WITH THE REQUIREMENTS LAID DOWN IN ANNEX VI TO THE HAGUE RESOLUTION AND ARTICLE 3 OF REGULATION NO 101/76 .
Decision on costs
59 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY SHOULD BE ORDERED TO PAY THE COSTS . AS THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT IS NECESSARY TO ORDER IT TO PAY THE COSTS INCLUDING THE COSTS OF THE INTERVENERS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DECLARES THAT THE UNITED KINGDOM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY :
( A ) AS REGARDS THE MOURNE FISHERY , BY FAILING TO FULFIL THE DUTIES OF CONSULTATION LAID DOWN BY COMMUNITY LAW IN RESPECT OF THE CONSERVATION MEASURES ADOPTED IN SEPTEMBER 1978 BY THE HERRING ( RESTRICTION OF FISHING ) REGULATIONS ( NORTHERN IRELAND ) 1978 , S.R . 1978 NO 277 , BY COUPLING THOSE MEASURES WITH AN EXCEPTION CONTRARY TO A RECOGNIZED CONSERVATION NEED AND , MOREOVER , GRANTING THAT EXCEPTION IN CONDITIONS SOLELY FAVOURABLE TO CERTAIN UNITED KINGDOM FISHERMEN ;
( B)AS REGARDS THE ISLE OF MAN AND NORTHERN IRISH SEA FISHERY , BY APPLYING IN 1977 , FOR THE PURPOSE OF IMPLEMENTING COUNCIL REGULATION NO 1779/77 OF 2 AUGUST 1977 AND PURSUANT TO THE HERRING ( IRISH SEA ) LICENSING ORDER 1977 , S.I . 1977 NO 1388 , AND THE HERRING ( ISLE OF MAN ) LICENSING ORDER 1977 , S.I . 1977 NO 1389 , A SYSTEM OF FISHING LICENCES WHICH HAD NOT FORMED THE SUBJECT-MATTER OF AN APPROPRIATE CONSULTATION AND THE DETAILED RULES FOR THE IMPLEMENTATION OF WHICH WERE RESERVED WHOLLY TO THE DISCRETION OF THE UNITED KINGDOM AUTHORITIES , WITHOUT ITS BEING POSSIBLE FOR THE COMMUNITY AUTHORITIES , THE OTHER MEMBER STATES AND THOSE CONCERNED TO BE CERTAIN HOW THE SYSTEM WOULD ACTUALLY BE APPLIED IN LAW ; BY MAINTAINING IN 1978 THAT STATE OF UNCERTAINTY IN RELATION TO FISHERMEN OF OTHER MEMBER STATES AND BY , DURING THE SAME YEAR , UNILATERALLY AMENDING THE EXISTING PROTECTIVE MEASURES TO THE DETRIMENT OF FISHERMEN OF OTHER MEMBER STATES BY THE IRISH SEA HERRING ( PROHIBITION OF FISHING ) ORDER 1978 , S.I . 1978 NO 1374 , WITHOUT CONSULTING THE COMMISSION IN ACCORDANCE WITH THE RULES OF COMMUNITY LAW AND WITHOUT