CASE 193/78 ),
FIRMA GEBR . VAN DER KLOOSTER ( CASE 194/78 ),
FIRMA JAC . VAN DER KLOOSTER EN ZOON ( CASE 195/78 ),
JAC . TANIS , KMRSZN EN ZONEN ( CASE 196/78 ),
JAN GRINWIS , FISHERMAN ( CASE 197/78 )
ANTHONIJ REDERT , FISHERMAN ( CASE 198/78 )
FIRMA A . REDERT EN G . TANIS ( CASE 199/78 ),
FIRMA JOH . EN KR . ORGERS GERRITZONEN ( CASE 200/78 )
VISSERIJBEDRIJF WISSELVALLIGHEID B.V . ( CASE 201/78 ),
JOHANNES TANIS , FISHERMAN ( CASE 202/78 ),
JOHANNES GRINWIS , FISHERMAN ( CASE 203/78 ),
ADAM ' T MANNETJE , FISHERMAN ( CASE 204/78 ),
ALL HAVING THEIR PLACE OF BUSINESS OR RESIDENCE IN GOEDEREEDE ,
Subject of the case
ON THE INTERPRETATION OF ARTICLE 102 OF THE ACT OF 22 JANUARY 1972 CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , AND OF CERTAIN RULES OF COMMUNITY LAW , WITH REGARD TO NATIONAL MEASURES RELATING TO QUOTA RESTRICTIONS ON CATCHES OF SOLE AND PLAICE IN THE NORTH SEA ,
Grounds
1 IN A SERIES OF 20 JUDGMENTS , GIVEN ON 18 JULY 1978 AND RECEIVED AT THE COURT THE FOLLOWING 14 SEPTEMBER , THE ECONOMISCHE POLITIERECHTER ( MAGISTRATE IN COMMERCIAL MATTERS ) OF THE ARRONDISSEMENTSRECHTBANK ( DISTRICT COURT ), ROTTERDAM , REFERRED CERTAIN QUESTIONS TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY FOR A PRELIMINARY RULING ON THE INTERPRETATION OF ARTICLE 5 OF THE EEC TREATY AND ARTICLE 102 OF THE ACT OF ACCESSION SO AS TO ENABLE IT TO ASSESS THE COMPATIBILITY WITH COMMUNITY LAW OF MEASURES LAID DOWN BY REGULATION , ADOPTED BY THE NETHERLANDS GOVERNMENT TO RESTRICT CATCHES OF SOLE AND PLAICE IN THE NORTH SEA .
2 FROM THE FILE ON THE CASE IT APPEARS THAT CRIMINAL PROCEEDINGS WERE INSTITUTED BEFORE THE ECONOMISCHE POLITIERECHTER AGAINST 20 FISHING UNDERTAKINGS OF FISHERMEN FOR INFRINGING THE PROVISIONS OF THE NETHERLANDS REGULATIONS FIXING FOR THE YEAR 1978 QUOTAS FOR CATCHES OF SOLE AND PLAICE IN THE NORTH SEA AREA , NAMELY THE ' ' DECREE PROVISIONALLY LAYING DOWN RESTRICTIONS ON CATCHES OF SOLE AND PLAICE , 1978 ' ' AND THE ' ' DECREE PROVISIONALLY LAYING DOWN QUOTAS FOR NORTH SEA SOLE AND PLAICE , 1978 ' ' . IN THE NATIONAL COURT THE ACCUSED CLAIMED IN THEIR DEFENCE THAT SINCE THE TRANSITIONAL PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION EXPIRED ON 1 JANUARY 1978 , THE MEASURES TO BE TAKEN FOR PROTECTING THE BIOLOGICAL RESOURCES OF THE SEA WERE UNDER THE COMMUNITY ' S JURISDICTION . CONSEQUENTLY THE NETHERLANDS STATE WAS NO LONGER AUTHORIZED TO ENACT THE REGULATIONS WHICH GAVE RISE TO THE PROCEEDINGS . THE ACCUSED ALSO CLAIM THAT EVEN IF THE NETHERLANDS PROVISIONS WERE LEGALLY ENACTED , THEY ARE INCOMPATIBLE WITH COMMUNITY LAW BECAUSE THEY CONSTITUTE DISCRIMINATION AGAINST NETHERLANDS FISHERMEN IN VIEW OF THE FACT THAT THE PROVISIONS APPLIED BY THE OTHER MEMBER STATES IN THE SAME MARITIME ZONE ARE LESS STRICT