CELEX: C2002/323/10
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-454/99: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Fisheries — Conservation and management of fishery resources — Control measures for fishing activities)

C 323/10               EN                      Official Journal of the European Communities                                        21.12.2002
                 JUDGMENT OF THE COURT                                    Regulation (EEC) No 2241/87 of 23 July 1987 establishing
                                                                          certain control measures for fishing activities (OJ 1987 L 207,
                                                                          p. 1) (thereafter), as well as Article 10(2) of Regulation
                         (Fifth Chamber)                                  No 2057/82 and Article 11(2) of Regulation No 2241/87;
                                                                          Article 9 of Regulation No 2241/87; and Article 1(2) of
                                                                          Regulation No 2057/82 or Article 1(2) of Regulation No 2241/
                                                                          87, in conjunction with Article 5(2) of Regulation No 170/83,
                      of 14 November 2002
                                                                          the Court, composed of: M. Wathelet, President of the
                                                                          Chamber, C.W.A. Timmermans, A. La Pergola (Rapporteur),
                                                                          P. Jann and S. von Bahr, Judges; C. Stix-Hackl, Advocate
in Case C-454/99: Commission of the European Communi-                     General; R. Grass, Registrar, has given a judgment on 14 No-
ties v United Kingdom of Great Britain and Northern                       vember 2002, in which it:
                             Ireland (1)
                                                                          1.    Declares that, in respect of each of the years 1985 to 1988 and
(Failure by a Member State to fulfil its obligations —                          1990, by
Fisheries — Conservation and management of fishery
     resources — Control measures for fishing activities)
                                                                                —     failing to put in place specific detailed rules for the
                                                                                      utilisation of the quotas allocated to it and to carry out
                                                                                      the inspections and other controls required by the relevant
                         (2002/C 323/10)
                                                                                      Community legislation,
                   (Language of the case: English)                              —     failing provisionally to close certain fisheries when the
                                                                                      quotas had been exhausted,
                                                                                —     failing (in 1988 only) to take sufficient measures to
                                                                                      prevent the misreporting of landings of mackerel, and
In Case C-454/99, 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.                 —     failing to take administrative or penal action against the
Hoskins, barrister): Application for a declaration that, in                           masters of ships infringing the regulations or any other
respect of each of the years 1985 to 1988 and 1990, by:                               person responsible for those infringements,
—     failing to put in place appropriate detailed rules for the                the United Kingdom of Great Britain and Northern Ireland has
      utilisation of the quotas allocated to it,                                failed to comply with its obligations under Article 5(2) of
                                                                                Council Regulation (EEC) No 170/83 of 25 January 1983
                                                                                establishing a Community system for the conservation and
—     failing to carry out inspections and other controls as                    management of fishery resources and Article 1(1) of Council
      required by the relevant Community regulations,                           Regulation (EEC) No 2057/82 of 29 June 1982 establishing
                                                                                certain control measures for fishing activities by vessels of the
                                                                                Member States (up to 1 August 1987) and Article 1(1) of
—     failing provisionally to close certain fisheries when the                 Council Regulation (EEC) No 2241/87 of 23 July 1987
      quota was exhausted,                                                      establishing certain control measures for fishing activities
                                                                                (thereafter), as well as Article 10(2) of Regulation No 2057/
—     failing (in 1988 only) to take sufficient measures to                     82 (up to 1 August 1987) and Article 11(2) of Regulation
      prevent the misreporting of landings of mackerel, and                     No 2241/87 (thereafter); Article 9(1) and (2) of Regulation
                                                                                No 2241/87; and Article 1(2) of Regulation No 2057/82,
                                                                                as amended by Council Regulations (EEC) No 3723/85 of
—     failing to take administrative or penal action against the                20 December 1985 and No 4027/86 of 18 December 1986
      masters of ships infringing the regulations or any other                  (up to 1 August 1987) and Article 1(2) of Regulation
      person responsible for those infringements,                               No 2241/87 (thereafter);
the United Kingdom of Great Britain and Northern Ireland has              2.    Orders the United Kingdom of Great Britain and Northern
failed to comply with its obligations under Article 5(2) of                     Ireland to pay the costs.
Council Regulation (EEC) No 170/83 of 25 January 1983
establishing a Community system for the conservation and
management of fishery resources (OJ 1983 L 24, p. 1) and
                                                                          (1 ) OJ C 34 of 5.2.2000.
Article 1(1) of Council Regulation (EEC) No 2057/82 of
29 June 1982 establishing certain control measures for fishing
activities by vessels of the Member States (OJ 1982 L 220,
p. 1) (up to 1 August 1987) and Article 1(1) of Council