CELEX: C2002/247/14
Language: en
Date: 2002-10-12 00:00:00
Title: Case C-304/02: Action brought on 27 August 2002 by the Commission of the European Communities against the French Republic

12.10.2002              EN                   Official Journal of the European Communities                                         C 247/9
Action brought on 27 August 2002 by the Commission                             —     failed to record infringements which the national
of the European Communities against the French Republic                              authorities could have found to exist and to charge
                                                                                     offenders.
                          (Case C-304/02)                                      The apparent absence of control activities was recorded
                                                                               during frequent inspections over several years and not-
                                                                               withstanding the improvements in methods of control
                          (2002/C 247/14)                                      and the number of inspections which the French auth-
                                                                               orities pointed out in their correspondence with the
                                                                               Commission services. In addition, the Commission never
                                                                               denied that there had been findings of infringements.
An action against the French Republic was brought before the                   None the less, it determined, and complained to the
Court of Justice of the European Communities on 27 August                      French authorities, that the inspections were insufficient
2002 by the Commission of the European Communities,                            in number and lacking in thoroughness and that there
represented by M. van Lier and M. van Rijn, acting as Agents,                  are indications that turning a blind eye to breaches related
with an address for service in Luxembourg.                                     to certain undersized fish is generally tolerated.
                                                                        —      Penalty
The Commission of the European Communities claims that
the Court should:                                                              The Commission, referring to its communications of
                                                                               21 August 1996 (6) and 28 February 1997 ( 7), is applying
                                                                               to the basic amount of EUR 500 a factor of 10 (out of a
—     Declare that, by continuing to fail to undertake control
      activities ensuring compliance with the technical                        possible maximum of 20) for the seriousness of the
      measures for the conservation of fishery resources laid                  infringement, taking account in particular of the
                                                                               reduction of complaints in relation to the initial infringe-
      down in Council Regulation (EEC) No 171/83 of 25 Janu-
      ary 1983 ( 1) and Council Regulation (EEC) No 3094/86                    ment, a factor of 3 (possible maximum: 3) for its duration
      of 7 October 1986 (2), and by thus failing to comply                     and a factor of 2.1 for France’s ability to pay.
      with the obligations laid down in Article 1 of Council
      Regulation (EEC) No 2057/82 of 29 June 1982 estab-
      lishing certain control measures for fishing activities by        (1 ) OJ L 24 of 27.01.1983, p. 14.
      vessels of the Member States ( 3) and Article 1 of Council        (2 ) OJ L 288 of 11.10.1986, p. 1.
      Regulation (EEC) No 2241/87 of 23 July 1987 estab-                (3 ) OJ L 220 of 29.7.1982, p. 1.
      lishing certain control measures for fishing activities ( 4),     (4 ) OJ L 207 of 29.7.1987, p. 1.
      the French Republic has failed to apply all the measures          (5 ) ECR [1991] I-2748.
      necessary to implement the judgment of 11 June 1991,              (6 ) OJ C 242, p. 6.
                                                                        (7 ) OJ C 63, p. 2.
      Commission v France (C-64/88) ( 5) and has failed to fulfil
      its obligations under Article 228 of the EC Treaty;
—     Order the French Republic to pay to the Commission
      of the European Communities, into the account ‘own
      resources of the EC’, a penalty of EUR 316 500 per day
      of delay in implementing the necessary measures to
      comply with the judgment in Commission v France cited
      above, starting from the delivery of the present judgment
      and until the implementation of the judgment in Com-
      mission v France, cited above;                                    Action brought on 28 August 2002 by the Commission of
                                                                        the European Communities against the United Kingdom
—     Order the French Republic to pay the costs.
                                                                                                  (Case C-305/02)
Pleas in law and main arguments                                                                   (2002/C 247/15)
—     Infringement of Community law, Article 228 EC:
      The Commission states that France did not act on the
      judgment of 11 June 1991 in Case C-64/88, in that it              An action against the United Kingdom was brought before the
                                                                        Court of Justice of the European Communities on 28 August
      —     failed to ensure compliance with technical conser-          2002 by the Commission of the European Communities,
            vation measures relating to the minimum size of             represented by Lena Ström, acting as agent, with an address
            fish, in particular hake, and                               for service in Luxembourg.