CELEX: 62008CA0232
Language: en
Date: 2009-10-15 00:00:00
Title: Case C-232/08: Judgment of the Court (Seventh Chamber) of 15 October 2009 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Regulation (EC) No 850/1998 — Article 29(2) — Restrictions on fishing for plaice — Maximum engine power of fishing vessels — Regulation (EEC) No 2847/93 — Article 2(1) — Regulation (EC) No 2371/2002 — Article 23 — Control, and enforcement of the rules)

5.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/10
            
         Judgment of the Court (Seventh Chamber) of 15 October 2009 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-232/08) (1)
   
   (Failure of a Member State to fulfil obligations - Regulation (EC) No 850/1998 - Article 29(2) - Restrictions on fishing for plaice - Maximum engine power of fishing vessels - Regulation (EEC) No 2847/93 - Article 2(1) - Regulation (EC) No 2371/2002 - Article 23 - Control, and enforcement of the rules)
   2009/C 297/08
   Language of the case: Dutch
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: T. van Rijn and K. Banks, Agents)
   
      Defendant: Kingdom of the Netherlands (represented by: M. de Grave and C. Wissels, Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 29(2) of Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, Article 23 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 and Article 2(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy — Fishing for plaice — Inspection and control of fishing vessels and their activities — Responsibility of the Member States
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by allowing fishing vessels to have a higher engine power than permitted under Article 29(2) of Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, as amended by Council Regulation (EC) No 2166/2005 of 20 December 2005, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 23 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 and Article 2(1) 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 768/2005 of 26 April 2005;
            
         
               2.
            
            
               orders the Kingdom of the Netherlands to pay the costs.
            
         
      (1)  OJ C 209, 15.08.2008.