CELEX: C2005/045/03
Language: en
Date: 2005-02-19 00:00:00
Title: Judgment of the Court of Justice (Third Chamber) of 16 December 2004 in Case C-271/02: Commission of the European Communities v Kingdom of Sweden (Failure to fulfil obligations — Fishing — Conservation and management of resources — Measures to control fishing activity)

19.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/2
            
         
      JUDGMENT OF THE COURT OF JUSTICE
   
   (Third Chamber)
   of 16 December 2004
   in Case C-271/02: Commission of the European Communities v Kingdom of Sweden (1)
   
   (Failure to fulfil obligations - Fishing - Conservation and management of resources - Measures to control fishing activity)
   (2005/C 45/03)
   Language of the case: Swedish
   In Case C-271/02: Commission of the European Communities (Agents: T. van Rijn and C. Tufvesson) against Kingdom of Sweden (Agents: A. Kruse and A. Falk) – action for failure to fulfil obligations under Article 226 EC, brought on 24 July 2002 – the Court of Justice (Third Chamber), composed of A. Rosas, President of the Chamber, J.-P. Puissochet (Rapporteur), S. von Bahr, U. Lõhmus and A. Ó Caoimh, Judges; D. Ruiz-Jarabo Colomer, Advocate General, R. Grass, Registrar, has given a judgment on 16 December 2004, in which it:
   
               1.
            
            
               Declares that, by failing, for the years 1995 and 1996:
               
                           —
                        
                        
                           to adopt the appropriate implementing measures for using availabilities allocated to it and to proceed with the inspections and other control measures required by the applicable Community rules,
                        
                     
                           —
                        
                        
                           to adopt all effective measures to prevent availabilities' being exceeded,
                        
                     
                           —
                        
                        
                           to take all administrative or penal measures which it was required to impose against captains of vessels having violated those rules or against any other person responsible for such a violation,
                        
                     the Kingdom of Sweden has failed to fulfil its obligations under Article 9(2) of Council Regulation No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture, and Articles 2, 21(1) and (2) and 31 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy.
            
         
               2.
            
            
               Orders the Kingdom of Sweden to pay the costs.
            
         
      (1)  OJ C 289 of 23.11.2002.