CELEX: C1999/333/36
Language: en
Date: 1999-11-20 00:00:00
Title: Case C-327/99: Reference for a preliminary ruling by the Landesgericht Korneuburg by order of 20 August 1999 in the case of FILA Sport S.p.A. v New Times International Transport Service Co. Ltd

20.11.1999            EN                   Official Journal of the European Communities                                       C 333/17
Reference for a preliminary ruling by the Landesgericht                  — by failing to determine the appropriate detailed rules
Korneuburg by order of 20 August 1999 in the case of                          for the utilization of the quotas allocated to them for
FILA Sport S.p.A. v New Times International Transport                         the fishing years 1988 and 1990,
                        Service Co. Ltd
                                                                         — by failing to ensure compliance with the Community
                       (Case C-327/99)
                                                                              rules on the conservation of species through sufficient
                                                                              monitoring of fishing activities, appropriate inspection
                       (1999/C 333/36)                                        of the fishing fleet and of catches landed and recordal
                                                                              of catches for both the 1988 and 1990 fishing years,
Reference has been made to the Court of Justice of the
European Communities by order of 20 August 1999 from
                                                                         — by not provisionally prohibiting fishing by vessels
the Landesgericht Korneuburg (Regional Court, Korneuburg)
                                                                              flying the French flag or registered in France when the
(Republic of Austria), which was received at the Court Registry
                                                                              catches taken had been deemed to have exhausted the
on 31 August 1999, for a preliminary ruling in the case of
                                                                              corresponding quota and by prohibiting fishing on a
FILA Sport S.p.A. v New Times International Transport Service
                                                                              contingent basis even though the quota had been
Co. Ltd on the following question:
                                                                              exceeded by far, in both the 1988 and 1990 fishing
                                                                              years,
On a proper construction of Article 1 thereof, is Council
Regulation (EC) No 3295/94 of 22 December 1994 laying
down measures to prohibit the release for free circulation,              — by failing to take criminal or administrative proceed-
export, re-export or entry for a suspensive procedure of                      ings against any skipper or other persons responsible
counterfeit and pirated goods (Official Journal of the European               for fishing after the prohibition thereof, as regards the
Communities No L 341 of 30.12.1994) also applicable to                        1988 and 1990 fishing years,
situations in which goods of the type specified therein are, in
the course of transit between two States not belonging to
the European Community, temporarily detained by customs               2. Order the French Republic to pay the costs.
authorities in a Member State on the basis of that regulation,
at the request of a holder of rights who claims that his rights
have been infringed and whose undertaking has its registered
office in a Member State of the European Community?
                                                                      Contentions and principal arguments adduced in support
                                                                      — Infringement of Article 5(2) of Regulation No 170/83 in
                                                                         conjunction with Article 1(1) of Regulation No 2241/87
                                                                         (lack of control measures): the French authorities explain
                                                                         that with effect from 1988 they established new procedures
                                                                         for statistical processing. They themselves recognise that
Action brought on 9 September 1999 by the Commission                     those procedures have not yielded all the expected results.
of the European Communities against the French Republic                  The order issued — belatedly — by the French Minister for
                                                                         Fisheries on 24 August 1998 cannot in any event be
                       (Case C-333/99)                                   regarded as an adequate measure.
                       (1999/C 333/37)                                — Infringement of Article 11(2) of Regulation No 2241/87
                                                                         (belated order to cease fishing): every Member State, must,
An action against the French Republic was brought before the             under Article 11(2), on the basis of the information
Court of Justice on 9 September 1999 by the Commission of                available as to catches taken, determine the date on which
the European Communities, represented by Thomas Van Rijn,                it is envisaged that the quota will be exhausted and in due
Legal Adviser, and Bernard Mongin, of its Legal Service, acting          time adopt the appropriate measures to enable fishing to
as Agents, with an address for service in Luxembourg at the              be prohibited as from that date. However, during the 1998
office of Carlos Gómez de la Cruz, also of its Legal Service,           fishing year the prohibition measure was adopted on each
Wagner Centre, Kirchberg.                                                occasion after the quota had been exhausted. As regards
                                                                         the 1990 fishing year, in none of the six cases of
                                                                         overfishing established had any measure been adopted
The Commission of the European Communities claims that                   to stop fishing. The explanations given by the French
the Court of Justice should:                                             Government (inadequacy of statistical facilities, difficulty
                                                                         of managing small quotas exploited by a diffuse fleet) are
1. Declare that the French Republic has failed to fulfil                 unacceptable.
    its obligations under (i) Article 5(2) of Regulation (EEC)
    No 170/83(1) of 25 January 1983 in conjunction with
    Article 1(1) of Regulation (EEC) No 2241/87, (ii) Art-            — Infringement of Article 1(1) of Regulation No 2241/87
    icle 11(2) of Regulation (EEC) No 2241/87 (2) and (iii) Art-         (no criminal or administrative penalties imposed): the
    icle 5(2) of Regulation (EEC) 170/83 of 25 January 1983              appropriate monitoring or inspections would have inter
    in conjunction with Article 1(2) of Regulation (EEC)                 alia enabled the French authorities to adopt prohibiting
    No 2241/87:                                                          measures at the time prescribed by the Community