CELEX: C2004/284/18
Language: en
Date: 2004-11-20 00:00:00
Title: Case C-388/04: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 24 August 2004, in the case of The Queen on the application of South Western Fish Producers' Organisation Ltd and others against Secretary of State for Environment, Food and Rural Affairs

20.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 284/9
            
         Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), by order of that court dated 24 August 2004, in the case of The Queen on the application of South Western Fish Producers' Organisation Ltd and others against Secretary of State for Environment, Food and Rural Affairs
   (Case C-388/04)
   (2004/C 284/18)
   Reference has been made to the Court of Justice of the European Communities by order of the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court), dated 24 August 2004, which was received at the Court Registry on 10 September 2004 for a preliminary ruling in the case of The Queen on the application of South Western Fish Producers' Organisation Ltd and others and Secretary of State for Environment, Food and Rural Affairs on the following questions:
   Are Article 12 and paragraph 6 of Annex V of Council Regulation (EC) 2287/2003 (1), insofar as they apply to vessels carrying gear in the class referred to in paragraph 4(b) of that Annex, unlawful in their application to ‘chain mat’ beam trawlers operating in the Eastern Channel because they are:
   
               (a)
            
            
               contrary to Articles 33 and 34 EC;
            
         
               (b)
            
            
               disproportionate;
            
         
               (c)
            
            
               contrary to the principle of equal treatment; and/or
            
         
               (d)
            
            
               contrary to the Claimant's right to earn a living free from unnecessary constraint?
            
         
      (1)  Regulation of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ L 344, 31.12.2003, p. 1).