CELEX: C2002/144/14
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court (Third Chamber) 30 April 2002 in Case C-400/00 (Reference for a preliminary ruling from the Tribunal Judicial da Comarca do Porto): Club-Tour, Viagens e Turismo SA v Alberto Carlos Lobo Gonçalves Garrido, Third party: Club Med Viagens Ld..a (Directive 90/314/EEC — Package travel, package holidays and package tours — Definition of "package travel" and "pre-arranged")

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),