Judgment of the Court (First Chamber) of 28 October 1982. - José Arantzamendi-Osa and others v Procureur de la République and Procureur général. - References for a preliminary ruling: Cour d'appel de Rennes - France. - Fisheries: Rights of non-member countries. - Joined cases 13 to 28/82.
European Court reports 1982 Page 03927
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
FISHERIES - CONSERVATION OF THE RESOURCES OF THE SEA - COMMUNITY RULES APPLICABLE TO SPANISH VESSELS LAID DOWN BEFORE THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE EEC AND SPAIN - SUBSTITUTION FOR PRIOR INTERNATIONAL COMMITMENTS BETWEEN CERTAIN MEMBER STATES AND SPAIN - EFFECTS - ENFORCEABILITY AGAINST SPANISH FISHERMEN OF THE INTERIM COMMUNITY REGIME
( COUNCIL REGULATIONS NOS 1177/79 , 2897/79 , 541/80 , 1719/80 , 3305/80 AND 554/81 ; AGREEMENT BETWEEN THE EEC AND SPAIN OF 15 APRIL 1980 )
Summary
THE INTERIM FISHERIES REGIME ESTABLISHED BY THE COMMUNITY PENDING THE ENTRY INTO FORCE OF THE AGREEMENT ON FISHERIES BETWEEN THE EEC AND SPAIN FALLS WITHIN THE FRAMEWORK OF THE RELATIONS ESTABLISHED BETWEEN IT AND SPAIN IN ORDER TO RESOLVE THE PROBLEMS INHERENT IN CONSERVATION MEASURES AND THE EXTENSION OF FISHERY ZONES AND IN ORDER TO ENSURE RECIPROCAL ACCESS BY FISHERMEN TO THE WATERS SUBJECT TO SUCH MEASURES . THOSE RELATIONS WERE SUBSTITUTED FOR THE REGIME WHICH PREVIOUSLY APPLIED IN THOSE ZONES 1IN ORDER TO TAKE ACCOUNT OF THE GENERAL DEVELOPMENT OF INTERNATIONAL LAW IN RELATION TO FISHING ON THE HIGH SEAS AND THE INCREASINGLY URGENT NEED TO CONSERVE THE LIVING RESOURCES OF THE SEA . IT FOLLOWS THAT SPANISH FISHERMEN MAY NOT RELY ON PRIOR INTERNATIONAL COMMITMENTS AS BETWEEN FRANCE AND SPAIN IN ORDER TO PREVENT THE APPLICATION OF THE INTERIM REGULATIONS ADOPTED BY THE COMMUNITY IN THE EVENT OF ANY INCOMPATIBILITY BETWEEN THE TWO CATEGORIES OF PROVISIONS .
Parties
IN JOINED CASES 13 TO 28/82
REFERENCES TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR D ' APPEL ( COURT OF APPEAL ), RENNES , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
JOSE ARANTZAMENDI-OSA , ONDARROA , SPAIN , AND OTHERS
AND
PROCUREUR DE LA REPUBLIQUE ( PUBLIC PROSECUTOR AT THE TRIBUNAL DE GRANDE INSTANCE ) AND PROCUREUR GENERAL ( PUBLIC PROSECUTOR AT THE COUR D ' APPEL )
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 3 DECEMBER 1981 , WHICH WERE RECEIVED AT THE COURT ON 14 JANUARY 1982 THE COUR D ' APPEL ( COURT OF APPEAL ), RENNES , 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 COMMUNITIES LAYING DOWN CERTAIN INTERIM MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO