CELEX: C2002/144/15
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court (Fifth Chamber) 25 April 2002 In Joined Cases C-418/00 and C-419/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Community system for the conservation and management of fishery resources — Inspection of fishing vessels and monitoring of catches (Article 5(2) of Regulation (EEC) No 170/83, Article 1(1) of Regulation (EEC) No 2241/87, Article 9(2) of Regulation (EC) No 3760/92 and Article 2 of Regulation (EEC) No 2847/93) — Late suspension of fishing (Article 11(1) and (2) of Regulation No 2241/87 and Article 21(1) and (2) of Regulation No 2847/93) — Absence of penal or administrative action against those responsible for exceeding quotas (Article 1(2) of Regulation No 2241/87 and Article 31 of Regulation No 2847/93))

C 144/10                 EN                     Official Journal of the European Communities                                          15.6.2002
                  JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                          (Third Chamber)                                                             (Fifth Chamber)
                                                                                                       25 April 2002
                            30 April 2002
                                                                           In Joined Cases C-418/00 and C-419/00: Commission of
in Case C-400/00 (Reference for a preliminary ruling from                       the European Communities v French Republic (1)
the Tribunal Judicial da Comarca do Porto): Club-Tour,
Viagens e Turismo SA v Alberto Carlos Lobo Gonçalves
                                                                           (Failure by a Member State to fulfil its obligations —
       Garrido, Third party: Club Med Viagens Ld.ª (1)
                                                                           Community system for the conservation and management
                                                                           of fishery resources — Inspection of fishing vessels and
(Directive 90/314/EEC — Package travel, package holidays                   monitoring of catches (Article 5(2) of Regulation (EEC)
and package tours — Definition of ‘package travel’ and ‘pre-               No 170/83, Article 1(1) of Regulation (EEC) No 2241/87,
                              arranged’)                                   Article 9(2) of Regulation (EC) No 3760/92 and Article 2 of
                                                                           Regulation (EEC) No 2847/93) — Late suspension of fishing
                                                                           (Article 11(1) and (2) of Regulation No 2241/87 and
                           (2002/C 144/14)                                 Article 21(1) and (2) of Regulation No 2847/93) — Absence
                                                                           of penal or administrative action against those responsible
                                                                           for exceeding quotas (Article 1(2) of Regulation No 2241/
                  (Language of the case: Portuguese)                                87 and Article 31 of Regulation No 2847/93))
                                                                                                      (2002/C 144/15)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be published
In Case C-400/00: Reference to the Court under Article 234                                     in the European Court Reports)
EC by the Tribunal Judicial da Comarca do Porto (Portugal) for
a preliminary ruling in the proceedings pending before that
court between Club-Tour, Viagens e Turismo SA and Alberto
Carlos Lobo Gonçalves Garrido; Third party: Club Med Viagens               In Joined Cases C-418/00 and C-419/00, Commission of the
Ld.ª, on the interpretation of Article 2(1) of Council Directive           European Communities, (Agents: T. van Rijn and B. Mongin) v
90/314/EEC of 13 June 1990 on package travel, package                      French Republic, (Agents: C. Vasak and G. de Bergues):
holidays and package tours, the Court (Third Chamber),                     Application for a declaration that:
composed of: F. Macken, President of the Chamber, C. Gul-
mann (Rapporteur) and J. N. Cunha Rodrigues, Judges; A. Tiz-               —     by failing to determine the appropriate detailed rules for
zano, Advocate General; R. Grass, Registrar, has given a                         the utilisation of the quotas allocated to it for the 1991 to
judgment on 30 April 2002, in which it:                                          1994 fishing years (Case C-418/00) and the 1995 and
                                                                                 1996 fishing years (Case C-419/00),
1.    The term ‘package’ used in Council Directive 90/314/EEC of           —     by failing to ensure compliance with the Community
      13 June 1990 on package travel, package holidays and package               rules on the conservation of species through monitoring
      tours, must be interpreted so as to include holidays organised             of fishing activities, and through appropriate inspection
      by travel agents, at the request of and in accordance with the             of landings and catch records,
      specifications of a consumer or limited group of consumers.
                                                                           —     by not provisionally prohibiting fishing by vessels flying
                                                                                 the French flag or registered in French territory when the
2.    The term ‘pre-organised combination’ used in Article 2(1) of               catches landed were deemed to have exhausted the
      Directive 90/314 must be interpreted so as to include                      corresponding quota and by finally prohibiting fishing
      combinations of tourist services put together at the time when             only when the corresponding quota had been consider-
      the contract is concluded between the travel agency and the                ably exceeded, in the 1991 to 1994 fishing years (Case
      consumer.                                                                  C-418/00), and the 1995 and 1996 fishing years (Case
                                                                                 C-419/00), and
(1) OJ C 372 of 23.12.2000.
                                                                           —     by failing to take penal or administrative action against
                                                                                 any master of a vessel or other person responsible for
                                                                                 fishing after a prohibition had been imposed, in the
                                                                                 1991 to 1994 fishing years (Case C-418/00), and the
                                                                                 1995 and 1996 fishing years (Case C-419/00),
 ---pagebreak--- 15.6.2002                EN                       Official Journal of the European Communities                                            C 144/11
the French Republic has failed to fulfil its obligations under                     and by finally prohibiting fishing only when the quota had been
Article 5(2) of Council Regulation (EEC) No 170/83 of                              considerably exceeded, the French Republic has failed to fulfil
25 January 1983 establishing a Community system for the                            its obligations under Article 11(1) and (2) of Regulation
conservation and management of fishery resources (OJ 1983                          No 2241/87, as regards the 1991 to 1993 fishing years, and
L 24, p. 1), Articles 1 and 11(1) and (2) of Council Regulation                    under Article 21(1) and (2) of Regulation No 2847/93, as
(EEC) No 2241/87 of 23 July 1987 establishing certain                              regards the 1994 to 1996 fishing years;
control measures for fishing activities (OJ 1987 L 207, p. 1),
Article 9(2) of Council Regulation (EEC) No 3760/92 of                             By failing to take penal or administrative action against any
20 December 1992 establishing a Community system for                               master of a vessel or other person responsible for fishing after a
fisheries and aquaculture (OJ 1992 L 389, p. 1) and Articles 2,                    prohibition had been imposed, the French Republic has failed
21(1) and (2) and 31 of Council Regulation (EEC) No 2847/93                        to fulfil its obligations under Article 1(2) of Regulation
of 12 October 1993 establishing a control system applicable                        No 2241/87, as regards the 1991 to 1993 fishing years, and
to the common fisheries policy (OJ 1993 L 261, p. 1) (Case                         under Article 31 of Regulation No 2847/93, as regards the
C-418/00), and under Article 9(2) of Regulation No 3760/92                         1994 to 1996 fishing years;
and Articles 2, 21 and 31 of Regulation No 2847/93, in
conjunction with Council Regulation (EC) No 3362/94 of                       2.    Orders the French Republic to pay the costs.
20 December 1994 fixing, for certain fish stocks and groups
of fish stocks, the total allowable catches for 1995 and certain
conditions under which they may be fished (OJ 1994 L 363,
                                                                             (1) OJ C 4 of 6.1.2001.
p. 1), and Council Regulation (EC) No 3074/95 of 22 Decem-
ber 1995 fixing, for certain fish stocks and groups of fish
stocks, the total allowable catches for 1996 and certain
conditions under which they may be fished (OJ 1995 L 330,
p. 1) (Case C-419/00),
                                                                                                 ORDER OF THE COURT
The Court (Fifth Chamber), composed of: P. Jann, President of                                          (Fifth Chamber)
the Chamber, D. A. O. Edward (Rapporteur) and M. Wathelet,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
has given a judgment on 25 April 2002, in which it:                                                     4 March 2002
                                                                             in Case C-175/00 (Reference for a preliminary ruling from
                                                                             the Arbeidshof te Antwerpen): Marie-Josée Verwayen-
                                                                                  Boelen v Rijksdienst voor Arbeidsvoorziening (1)
1.    Declares that, as regards the 1991 and 1996 fishing years, by          (Article 104(3) of the Rules of Procedure — Answer to the
      failing to determine the appropriate detailed rules for the            question admitting of no reasonable doubt — Article 67(3)
      utilisation of the quotas allocated to it and by failing to ensure     of Regulation (EEC) No 1408/71 — Aggregation of periods
      compliance with the Community rules on the conservation of             of insurance or employment for the purpose of acquisition of
      species through monitoring of fishing activities and through           a right to unemployment benefits — Requirement that
      appropriate inspection of landings and catch records, the French       periods of insurance or employment be completed lastly in
      Republic has failed to fulfil its obligations under Article 5(2) of    accordance with the legislation under which the benefits are
      Council Regulation (EEC) No 170/83 of 25 January 1983                                                 claimed)
      establishing a Community system for the conservation and
      management of fishery resources, Article 1(1) of Council
      Regulation (EEC) No 2241/87 of 23 July 1987 establishing                                         (2002/C 144/16)
      certain control measures for fishing activities, Article 9(2) of
      Council Regulation (EEC) No 3760/92 of 20 December 1992
      establishing a Community system for fisheries and aquaculture                              (Language of the case: Dutch)
      and Article 2 of Council Regulation (EEC) No 2847/93 of
      12 October 1993 establishing a control system applicable to
      the common fisheries policy;                                           (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
      By not provisionally prohibiting fishing by vessels flying the
      French flag or registered in French territory when the catches         In Case C-175/00: Reference to the Court under Article 234
      landed were deemed to have exhausted the corresponding quota,          EC by the Arbeidshof te Antwerpen (Belgium) for a preliminary