CELEX: C2002/323/11
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 24 October 2002 in Case C-121/00 (Reference for a preliminary ruling from the Bezirksgericht Innere Stadt Wien): Walter Hahn (Fisheries — Health policy — Directive 91/493/EEC and Decision 94/356/EC — Articles 28 EC and 30 EC — Principle of proportionality — Limit values for the presence of Listeria monocytogenes in smoked fish products)

21.12.2002               EN                      Official Journal of the European Communities                                        C 323/11
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                           (Fifth Chamber)
                        of 24 October 2002                                                        of 14 November 2002
in Case C-121/00 (Reference for a preliminary ruling from                   in Case C-140/00: Commission of the European Communi-
   the Bezirksgericht Innere Stadt Wien): Walter Hahn ( 1)                  ties v United Kingdom of Great Britain and Northern
                                                                                                         Ireland ( 1)
(Fisheries — Health policy — Directive 91/493/EEC and
Decision 94/356/EC — Articles 28 EC and 30 EC —                             (Failure by a Member State to fulfil its obligations —
Principle of proportionality — Limit values for the presence                Fisheries — Conservation and management of fishery
      of Listeria monocytogenes in smoked fish products)                         resources — Control measures for fishing activities)
                           (2002/C 323/11)                                                           (2002/C 323/12)
                   (Language of the case: German)                                              (Language of the case: English)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            In Case C-140/00, Commission of the European Communities
                                                                            (Agents: T. van Rijn and K. Fitch) v United Kingdom of Great
                                                                            Britain and Northern Ireland (Agent: R. Magrill, assisted by
                                                                            M. Hoskins, barrister): Application for a declaration that, in
                                                                            respect of each of the years 1991 to 1996, by:
In Case C-121/00: Reference to the Court under Article 234
EC by the Bezirksgericht Innere Stadt Wien (Austria) for a
preliminary ruling in the criminal proceedings before that                  —     failing to put in place appropriate detailed rules for the
court against Walter Hahn on the interpretation of Council                        utilisation of the quotas allocated to it,
Directive 91/493/EEC laying down the health conditions for
the production and the placing on the market of fishery
products (OJ 1991 L 268, p. 15), the Court (Fifth Chamber),                 —     failing to carry out the inspections and other controls
                                                                                  required by the relevant Community regulations,
composed of: A. La Pergola, acting as President of the Fifth
Chamber, P. Jann and S. von Bahr (Rapporteur), Judges;
L.A. Geelhoed, Advocate General; H. von Holstein, Deputy                    —     failing provisionally to close certain fisheries when quotas
Registrar, has given a judgment on 24 October 2002 , in                           had been exhausted,
which it has ruled:
                                                                            —     failing to take administrative or penal action against the
Neither Council Directive 91/493/EEC of 22 July 1991 laying                       masters of vessels infringing the regulations or against
down the health conditions for the production and the placing on the              any other person responsible for such infringement,
market of fishery products and Commission Decision 94/356/EC of
20 May 1994 laying down detailed rules for the application of               the United Kingdom of Great Britain and Northern Ireland has
Council Directive 91/493/EEC as regards own health checks on                failed to comply with its obligations under Article 5(2) of
fishery products nor Articles 28 EC and 30 EC preclude the                  Council Regulation (EEC) No 170/83 of 25 January 1983
application of national legislation laying down zero tolerance for the      establishing a Community system for the conservation and
presence of Listeria monocytogenes in fish products which have not          management of fishery resources (OJ 1983 L 24, p. 1) or, with
been chemically preserved.                                                  effect from 1 January 1993, Article 9(2) of Council Regulation
                                                                            (EEC) No 3760/92 of 20 December 1992 establishing a
                                                                            Community system for fisheries and aquaculture (OJ 1992
( 1) OJ C 163 of 10.6.2000.
                                                                            L 389, p. 1), as well as Article 1(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) or, with
                                                                            effect from 1 January 1994, Article 2 of Council Regulation
                                                                            (EEC) No 2847/93 of 12 October 1993 establishing a control