CELEX: C2001/004/05
Language: en
Date: 2001-01-06 00:00:00
Title: Case C-419/00: Action brought on 13 November 2000 by the Commission of the European Communities against the French Republic

6.1.2001                EN                     Official Journal of the European Communities                                          C 4/3
The Commission of the European Communities claims that                    Action brought on 13 November 2000 by the Com-
the Court of Justice should:                                              mission of the European Communities against the French
                                                                                                      Republic
1.    Declare that
      —     by failing to determine the appropriate detailed rules                                (Case C-419/00)
            for the utilization of the quotas allocated to them
            for the fishing years 1991, 1992, 1993 and 1994;
                                                                                                   (2001/C 4/05)
      —     by failing to ensure compliance with the Community
            rules on the conservation of species through suf-
            ficient monitoring of fishing activities, appropriate
            inspection of the fishing fleet and of catches landed
                                                                          An action against the French Republic was brought before the
            and recordal of catches;
                                                                          Court of Justice on 13 November 2000 by the Commission of
                                                                          the European Communities, represented by T. Van Rijn, Legal
      —     by not provisionally prohibiting fishing by vessels           Adviser, and B. Mongin, of its Legal Service, acting as Agents,
            flying the French flag or registered in France when           with an address for service in Luxembourg at the office of
            the catches taken had been deemed to have exhaus-             C. Gómez de la Cruz, also of its Legal Service, Wagner Centre,
            ted the corresponding quota and by prohibiting                Kirchberg.
            fishing on a contingent basis even though the quota
            had been exceeded by far, in the 1991, 1992,
            1993 and 1994 fishing years;
                                                                          The Commission of the European Communities claims that
                                                                          the Court of Justice should:
      —     by failing to take criminal or administrative proceed-
            ings against any skipper or other persons responsible
            for fishing after the prohibition thereof, as regards
            the 1991, 1992, 1993 and 1994 fishing years;                  1.   Declare that
      the French Republic has failed to fulfil its obligations                 —    by failing to determine the appropriate detailed rules
      under Article 5(2) of Regulation (EEC) No 170/83, (1)                         for the utilization of the quotas allocated to them
      Article 1 and 11(1) and (2) of Regulation (EEC)                               for the fishing years 1995 and 1996;
      No 2241/87, (2) Articles 2, 21(1) and (2) and 31 of
      Regulation (EEC) No 2847/93 (3) and Article 9(2) of
      Regulation (EEC) No 3760/92 (4).
                                                                               —    by failing to ensure compliance with the Community
                                                                                    rules on the conservation of species through suf-
2.    Order the French Republic to pay the costs.                                   ficient monitoring of fishing activities, appropriate
                                                                                    inspection of the fishing fleet and of catches landed
                                                                                    and recordal of catches;
Pleas in law and main arguments
                                                                               —    by not provisionally prohibiting fishing by vessels
The pleas in law and main arguments are similar to those                            flying the French flag or registered in France when
relied upon in Case C-333/99 (5) concerning the same infringe-                      the catches taken had been deemed to have exhaus-
ments in 1988 and 1990.                                                             ted the corresponding quota and by prohibiting
                                                                                    fishing on a contingent basis even though the quota
                                                                                    had been exceeded by far, in the 1995 and 1996
                                                                                    fishing years;
(1) OJ L 24 of 27.01.1983, p. 1.
(2) OJ L 207 of 29.07.1987, p. 1.
(3) Council Regulation (EEC) No 2847/93 of 12 October 1993                     —    by failing to take criminal or administrative proceed-
    establishing a control system applicable to the common fisheries                ings against any skipper or other persons responsible
    policy (OJ 1993 L 261, p. 1).                                                   for fishing after the prohibition thereof, as regards
(4) Council Regulation (EEC) No 3760/92 of 20 December 1992                         the 1995 and 1996 fishing years;
    establishing a Community system for fisheries and aquaculture
    (OJ 1992 L 389, p, 1).
 5
( ) OJ 1999 C 333, p. 17.                                                      the French Republic has failed to fulfil its obligations
                                                                               under Article 9(2) of Regulation TEC) No 3760/92 (1) and
                                                                               Articles 2, 21 and 31 of Regulation (EEC) No 2847/93 (2),
                                                                               in conjunction with Regulations (EEC) Nos 3362/94 (3)
                                                                               and 3074/95 (4);
 ---pagebreak--- C 4/4                  EN                   Official Journal of the European Communities                                           6.1.2001
2.    Order the French Republic to pay the costs.                      (2) Council Regulation (EEC) No 2847/93 of 12 October 1993
                                                                           establishing a control system applicable to the common fisheries
Pleas in law and main arguments                                            policy (OJ 1993 L 261, p. 1)
                                                                       (3) Council Regulation (EC) No 3362/94 of 20 December 1994
The pleas in law and main arguments are similar to those                   fixing, for certain fish stocks and groups of fish stocks, the total
relied upon in Case C-333/99 (5) concerning the same infringe-             allowable catches for 1995 and certain conditions under which
ments in 1988 and 1990.                                                    they may be fished (OJ 1994 L 363, p. 1).
                                                                       (4) Council Regulation (EC) No 3074/95 of 22 December 1995
                                                                           fixing, for certain fish stocks and groups of fish stocks, the total
(1) Council Regulation (EEC) No 3760/92 of 20 December 1992                allowable catches for 1996 and certain conditions under which
    establishing a Community system for fisheries and aquaculture          they may be fished (OJ 1995 L 330, p. 1).
    (OJ 1992 L 389, p. 1)                                              (5) OJ 1999 C 333, p. 17.