CELEX: C2002/323/12
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-140/00: 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)

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
 ---pagebreak--- C 323/12                 EN                       Official Journal of the European Communities                                         21.12.2002
system applicable to the common fisheries policy (OJ 1993                                     JUDGMENT OF THE COURT
L 261, p. 1), Article 11(2) of Regulation No 2241/87 or
Article 21 of Regulation No 2847/93, Article 1(2) of Regu-
lation No 2241/87, or Article 31 of Regulation No 2847/93,
the Court (Fifth Chamber), composed of: M. Wathelet, Presi-                                          of 5 November 2002
dent of the Chamber, C.W.A. Timmermans, A. La Pergola
(Rapporteur), P. Jann and S. von Bahr, Judges; C. Stix-Hackl,
Advocate General; R. Grass, Registrar, has given a judgment                  in Case C-208/00 (Reference for a preliminary ruling
on 14 November 2002, in which it:
                                                                             from the Bundesgerichtshof ): Überseering BV v Nordic
                                                                              Construction Company Baumanagement GmbH (NCC) (1)
1.    Declares that, in respect of each of the years 1991 to 1996,
      by:                                                                    (Articles 43 EC and 48 EC — Company formed in accordance
                                                                             with the law of a Member State and having its registered
                                                                             office there — Company exercising its freedom of establish-
                                                                             ment in another Member State — Company deemed to have
      —     failing to put in place appropriate detailed rules for the       transferred its actual centre of administration to the host
            utilisation of the quotas allocated to it and to carry out       Member State under the law of that State — Non-recognition
            the inspections and other controls required by the relevant      by the host Member State of the company’s legal capacity
            Community regulations,                                           and its capacity to be a party to legal proceedings —
                                                                                Restriction on freedom of establishment — Justification)
      —     failing provisionally to close certain fisheries when quotas
            were exhausted,
                                                                                                        (2002/C 323/13)
      —     failing to take administrative or penal action against the
            masters of vessels infringing those regulations or against                          (Language of the case: German)
            any other person responsible for such infringement,
                                                                             (Provisional translation; the definitive translation will be published
      the United Kingdom of Great Britain and Northern Ireland has                               in the European Court Reports)
      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
      management of fishery resources and, with 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, as well as Article 1(1) of Council          In Case C-208/00: Reference to the Court under Article 234
      Regulation (EEC) No 2241/87 of 23 July 1987 establishing               EC by the Bundesgerichtshof (Germany) for a preliminary
                                                                             ruling in the proceedings pending before that court between
      certain control measures for fishing activities and, with effect
      from 1 January 1994, Article 2 of Council Regulation (EEC)             Überseering BV and Nordic Construction Company Bauma-
                                                                             nagement GmbH (NCC), on the interpretation of Articles 43
      No 2847/93 of 12 October 1993 establishing a control
      system applicable to the common fisheries policy, Article 11(2)        EC and 48 EC, the Court, composed of: G.C. Rodríguez Iglesias,
      of Regulation No 2241/87 and, with effect from 1 January               President, J.-P. Puissochet, M. Wathelet (Rapporteur) and
                                                                             R. Schintgen (Presidents of Chambers), C. Gulmann,
      1994, Article 21 of Regulation No 2847/93, and Article 1(2)
      of Regulation No 2241/87 and, with effect from 1 January               D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
                                                                             N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges;
      1994, Article 31 of Regulation No 2847/93;
                                                                             D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl, Princi-
                                                                             pal Administrator, for the Registrar, has given a judgment on
                                                                             5 November 2002, in which it has ruled:
2.    Orders the United Kingdom of Great Britain and Northern
      Ireland to pay the costs.
                                                                             1.    Where a company formed in accordance with the law of a
                                                                                   Member State (‘A’) in which it has its registered office is
                                                                                   deemed, under the law of another Member State (‘B’), to have
( 1) OJ C 176 of 24.6.2000.                                                        moved its actual centre of administration to Member State B,
                                                                                   Articles 43 EC and 48 EC preclude Member State B from
                                                                                   denying the company legal capacity and, consequently, the
                                                                                   capacity to bring legal proceedings before its national courts for
                                                                                   the purpose of enforcing rights under a contract with a company
                                                                                   established in Member State B.