CELEX: C2003/200/21
Language: en
Date: 2003-08-23 00:00:00
Title: Case C-255/03: Action brought on 16 June 2002 by the Commission of the European Communities against the Kingdom of Belgium

23.8.2003             EN                          Official Journal of the European Union                                             C 200/13
Action brought on 16 June 2002 by the Commission of the                                and criminal or administrative proceedings against
  European Communities against the Kingdom of Belgium                                  those responsible for overfishing,
                         (Case C-255/03)                                         —     by failing to issue a provisional prohibition of fishing
                                                                                       from fishing vessels flying the Danish flag or regis-
                         (2003/C 200/21)                                               tered in Denmark when the quota allocated was to
                                                                                       be deemed to have been exhausted,
An action against the Kingdom of Belgium was brought before                      the Kingdom of Denmark has failed to fulfil its obliga-
the Court of Justice of the European Communities on 16 June                      tions both under Article 5(2) of Regulation (EEC) No 170/
2003 by the Commission of the European Communities,                              83 (1), subsequently replaced by Article 9(2) of Regulation
represented by C.-F. Durand and F. Simonetti, acting as Agents.                  (EEC) No 3760/92 (2), and under Article 1 of Regulation
                                                                                 (EEC) No 2241/87 (3), subsequently replaced by Articles 2
The applicant claims that the Court should:                                      and 31 of Regulation (EEC) No 2847/93 (4), and also
                                                                                 under Article 11(1) and (2) of Regulation (EEC)
1.    Declare that, by maintaining in force a provision which                    No 2241/87, subsequently replaced by Article 21(1)
      accords the ‘walloon label of quality’ only to products of                 and (2) of Regulation (EEC) No 2847/93;
      a certain quality manufactured or processed in Wallonie,
      the Kingdom of Belgium has failed to fulfil its obligations
      under Article 28 of the Treaty establishing the European            2)     order the Kingdom of Denmark to pay the costs.
      Community; and
2.    Order the Kingdom of Belgium to pay the costs.
                                                                          Pleas in law and main arguments
Pleas in law and main arguments
                                                                          —      Disregard of Article 5(2) of Council Regulation (EEC)
The legislation adopted by the Walloon Government under                          No 170/83 and Article 9(2) of Council Regulation (EEC)
which the denomination ‘walloon label of quality’ may be                         No 3760/92 and also of Article 1 of Council Regulation
granted only to products responding to certain quality criteria                  (EEC) No 2241/87 and Articles 2 and 31 of Council
and which are manufactured or processed in Wallonie is                           Regulation (EEC) No 2847/93.
contrary to Article 28 EC inasmuch as it constitutes a measure
having an effect equivalent to a quantitative restriction on                     The Danish Government has acknowledged that for
importation. Although the Belgian Government has undertaken                      certain stocks the quotas allocated for the years 1990,
to amend that provision, it was still in force at the expiry of                  1991, 1992 and 1994 were substantially exceeded. The
the period prescribed by the reasoned opinion.                                   monitoring carried out of fishery activities and the
                                                                                 measures taken concerning the management and control
                                                                                 of those activities were in the Commission's opinion
                                                                                 inadequate.
                                                                                 The Danish authorities moreover in certain cases omitted
Action brought on 17 June 2003 by the Commission of                              to bring criminal proceedings agains the persons respon-
the European Communities against the Kingdom of                                  sible for non-compliance with the rules on control and
                            Denmark                                              conservation.
                         (Case C-259/03)                                  —      Disregard of Article 11(1) and (2) of the said Council
                                                                                 Regulation No 2241/87 and Article 21(1) and (2) of the
                         (2003/C 200/22)                                         said Council Regulation No 2847/93.
                                                                                 The exceeding of the quotas is due to a large extent, as is
An action against the Kingdom of Denmark was brought                             also accepted by the Danish Government, to the fact that
before the Court of Justice of the European Communities on                       the fishing ban was introduced too late.
17 June 2003 by the Commission of the European Commu-
nities, represented by H.P. Hartvig, acting as Agent, with an
address for service in Luxembourg.                                        (1) Council Regulation (EEC) No 170/83 of 25 January 1983 estab-
                                                                              lishing a Community system for the conservation and management
                                                                              of fishery resources, OJ L 24 of 27.1.1983, p. 1.
The applicant claims that the Court should:                               (2) Council Regulation (EEC) No 3760/92 of 20 December 1992
                                                                              establishing a Community system for fisheries and aquaculture, OJ
1)    declare that,                                                           L 389 of 31.12.1992, p. 1.
                                                                          (3) Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing
      —    by failing to adopt detailed rules for the utilisation of          certain control measures for fishing activities, OJ L 207 of
           the quotas allocated to Denmark,                                   29.7.1987, p. 1.
                                                                          (4) Council Regulation (EEC) No 2847/93 of 12 October 1993 estab-
      —    by failing to ensure compliance with the EC provi-                 lishing a control system applicable to the common fisheries policy,
           sions on the conservation of fishery resources by                  OJ L 261 of 20.10.1993, p. 1.
           means of monitoring of fishing activity, appropriate
           inspections of landings and registration of catches,