CELEX: C1996/046/04
Language: en
Date: 1996-02-17 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 7 December 1995 in Case C-52/95: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Anchovy catch quotas - Control measures - Obligations of the Member States)

17. 2 . 96           I EN |               Official Journal of the European Communities                                    No C 46/3
                JUDGMENT OF THE COURT                                      obligations under Article 1 of Regulation (EEC)
                          ( Fifth Chamber)                                 No 2241 /87;
                        of 7 December 1995
                                                                      3 . orders the French Republic to pay the costs.
in     Case    C-52/95 :      Commission   of the      European
               Communities v. French Republic (*)
                                                                      (') OJ No C 87, 8 . 4 . 1995 .
 (Failure of a Member State to fulfil its obligations —
Anchovy catch quotas — Control measures — Obligations
                       of the Member States)
                              96/C 46/04 )
                 (Language of the case: French)                                      JUDGMENT OF THE COURT
                                                                                            of 12 December 1995
(Provisional translation; the definitive translation will be          in Joined Cases C-3 19/93 , C-40/94 and C-224/94
          published in the European Court Reports)                    ( references for a preliminary ruling from the Gerechtshof,
                                                                      Leeuwarden,          and    the    Arrondissementsrechtbank,
                                                                      's-Hertogenbosch ): Hendrik Evert Dijkstra v. Friesland
In Case C-52/95 : Commission of the European                                  ( Frico Domo ) Coöperatie BA and Others ( l )
Communities ( Agent: G. Rozet) v. French Republic ( Agents :          (Competition — Status ofdairy cooperative associations —
E. Belliard, G. Mignot and I. Latournarie ) — application for        Feepayable on withdrawal or expulsion — Interpretation of
a declaration by the Court that by not provisionally                                  Article 2 of Regulation No 26)
prohibiting fishing by its vessels of anchovy stocks in ICES
                                                                                                 96/C 46/05
Zone VIII so as to ensure compliance with the fishing quotas
allocated to it in 1991 and 1992 and by not taking action
against the persons responsible for fishing and                                        (Language of the case: Dutch)
fishing-related activities carried out in respect of such stocks
after fishing was prohibited by the Commission in 1991 and
                                                                      (Provisional translation; the definitive translation will be
1992 , the French Republic has failed to fulfil its obligations
                                                                                published in the European Court Reports)
under Articles 11 ( 2 ) and 1 of Council Regulation ( EEC )
No 2241 /87 of 23 July 1987 establishing certain control
measures for fishing activities ( OJ 1987 L 207, p. 1 ), as          In Joined Cases C-3 19/93 , C-40/94 and C-224/94 :
amended by Council Regulation ( EEC ) No 3483/88 of                  references to the Court under Article 177 of the EEC Treaty
7 November 1988 ( OJ 1988 L 306 , p. 2 ), in conjunction             by the Gerechtshof ( Regional Court of Appeal ),
with Article 3 of, and the Annexes to, both Council                  Leeuwarden, and the Arrondissementsrechtbank ( District
Regulation ( EEC ) No 3926/90 of 20 December 1990 fixing,            Court ), ' s-Hertogenbosch ( Netherlands ) for a preliminary
for certain fish stocks and groups of fish stocks, the total         ruling in the proceedings pending before those courts
allowable catches for 1991 and certain conditions under              between Hendrik Evert Dijkstra and Friesland ( Frico domo )
which they may be fished ( OJ 1990 L 378 , p. 1 ) and Council        Coöperatie BA, between Cornelis van Roessel and others
Regulation ( EEC ) No 3882/91 of 18 December 1991 fixing,            and De coöperatieve vereniging Zuivelcoöperatie Campina
for certain fish stocks and groups of fish stocks, the total         Melkunie BA, and between Willem de Bie and others and De
allowable catches for 1992 and certain conditions under              Coöperatie Zuivelcoöperatie Campina Melkunie BA, on the
which they may be fished ( OJ 1991 L 367, p. 1 ) — the Court         interpretation of Article 2 ( 1 ) of Regulation No 26 of the
( Fifth Chamber), composed of D. A. O. Edward                        Council of 4 April 1962 applying certain rules of
( Rapporteur), President of the Chamber, J. -P. Puissochet,          competition to production of and trade in agricultural
J. C. Moitinho de Almeida, C. Gulmann and M. Wathelet,               products ( OJ, English Special Edition 1959— 1962, p. 129 )
Judges; N. Fennelly, Advocate General ; R. Grass, Registrar,         — the Court, composed of G. C. Rodriguez Iglesias,
gave a judgment on 7 December 1995 , in which it:                    President, C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet
                                                                     and G. Hirsch ( Presidents of Chambers ), J. C. Moitinho de
                                                                     Almeida ( Rapporteur ), P. J. G. Kapteyn, C. Gulmann, J. L.
1 . declares that, by not provisionally prohibiting fishing by       Murray, P. Jann and L. Sevón, Judges; G. Tesauro, Advocate
     its vessels of anchovy stocks in ICES Zone VIII so as to        General ; H. A. Rühl , Principal Administrator, for the
     ensure compliance with the fishing quotas allocated to it       Registrar, has given a judgment on 12 December 1995 , in
     in 1991 and 1992, the French Republic has failed to             which it rules :
     fulfil its obligations under Article 1 1 (2) of Council
     Regulation (EEC) No 2241 /87 of 23 July 1987
     establishing certain control measures for fishing                1 . The inapplicability of Article 85 of the Treaty to
     activities;                                                           agreements, decisions and practices offarmers, farmers '
                                                                           associations or associations of such associations is
                                                                           exclusively subject to the conditions laid down in the
2 . declares that, by not taking action against the persons                second sentence of Article 2 (1 ) of Regulation No 26. If
     responsible for fishing and fishing-related activities                an agreement or decision falls within the scope of
     carried out in respect of the stock in question after                 Article 85 (1 ) of the Treaty and the criteria for
     fishing was prohibited by the Commission in 1991 and                  exemption referred to in the second sentence of
     1992, the French Republic has failed to fulfill its                   Article 2 (1 ) of Regulation No 26 are not fulfilled, and it