CELEX: 62007CJ0556
Language: en
Date: 2009-03-05
Title: Judgment of the Court (Third Chamber) of 5 March 2009. # Commission of the European Communities v French Republic. # Failure of a Member State to fulfil obligations - Common Fisheries Policy - Regulation (EC) No 894/97 - Drift net - Meaning - ‘Thonaille’ fishing net - Prohibition on the fishing of certain species - Regulations (EEC) No 2847/93 and (EC) No 2371/2002 - Lack of an effective system of monitoring to ensure compliance with that prohibition. # Case C-556/07.

Judgment of the Court (Third Chamber) of 5 March 2009 – Commission v France
      (Case C‑556/07)
      Failure of a Member State to fulfil obligations – Common Fisheries Policy – Regulation (EC) No 894/97 – Drift net – Meaning – ‘Thonaille’ fishing net – Prohibition on the fishing of certain species – Regulations (EEC) No 2847/93 and (EC) No 2371/2002 – Lack of an effective system of monitoring to ensure compliance with that prohibition
      1.                     Fisheries – Conservation of the resources of the sea – Technical conservation measures (Council Regulation No 894/97, as amended
            by Regulation No 1239/98, Art. 11a) (see paras 48-69)
      2.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 76)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Common Fisheries Policy – Council Regulations (EEC) No 2847/93 of 12 October
                  1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1) and (EC) No 2371/2002 of
                  20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
                  (OJ 2002 L 358, p. 59) – Acceptance by national authorities of the ‘thonaille’ notwithstanding the Community prohibition on
                  drag nets of a length greater than or equal to 2.5 km – Lack of an effective system of monitoring to ensure compliance with
                  that prohibition.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing sufficiently to monitor, inspect and supervise fishing activities in the light of the prohibition
                     on drift nets for the capture of certain species, and by not ensuring that appropriate measures against those responsible
                     for infringements of the Community legislation on the use of drift nets were taken, the French Republic has failed to fulfil
                     its obligations under Articles 2 and 31(1) and (2) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing
                     a control system applicable to the common fisheries policy, as amended by Council Regulation (EC) No 2846/98 of 17 December
                     1998 and Articles 23(1) and (2), 24 and 25(1) and (2) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation
                     and sustainable exploitation of fisheries resources under the Common Fisheries Policy;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the French Republic to pay the costs.