CELEX: C1996/077/07
Language: en
Date: 1996-03-16 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 18 January 1996 in Case C-276/94 (reference for a preliminary ruling from the Kriminal- og Skifteret i Frederikshavn): criminal proceedings against Finn Ohrt (Definition of vessel engaged in a fisheries inspection - Obligations of the skipper of the vessel to be inspected)

No C 77/4             EN                  Official Journal of the European Communities                                        16 . 3 . 96
G. Hirsch ( Presidents of Chambers ), G. F. Mancini, F. A.                Regulation, the skipper is presumed to be unaware of
Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn,                that status, unless the authorities taking action
C. Gulmann, J. L. Murray ( Rapporteur ), P. Jann,                         concerning the infringement prove otherwise.
H. Ragnemalm, L. Sevón and M. Wathelet, Judges; P. Leger,
Advocate General; R. Grass, Registrar, has given a judgment          (>) OJ No C 331 , 26 . 11 . 1994 .
on 16 January 1996 in which it:
I. Dismisses the application for revision as inadmissible.
2 . Orders the applicants to pay the costs.                                             ORDER OF THE COURT
                                                                                               ( First Chamber)
(!) OJ No C 165 , 25 . 6 . 1991 .
                                                                                            of 11 January 1996
                                                                     in Case C-89/95 P: Mr D v. Commission of the European
                                                                                               Communities ( 1 )
                                                                     (Appeal manifestly inadmissible and manifestly
                                                                                                    unfounded)
               JUDGMENT OF THE COURT                                                              ( 96/C 77/08 )
                      ( Fourth Chamber)
                                                                                      (Language of the Case: French)
                     of 18 January 1996
in Case C-276/94 ( reference for a preliminary ruling from           (Provisional translation; the definitive translation will be
the Kriminal- og Skifteret i Frederikshavn ): criminal                         published in the European Court Reports)
               proceedings against Finn Ohrt ( 1 )
(Definition of vessel engaged in a fisheries inspection —            In Case C-89/95 P: Mr D ( represented by Eric Boigelot) —
  Obligations of the skipper of the vessel to be inspected)          appeal against the judgment of the Court of First Instance of
                           ( 96/C 77/07 )                            the European Communities ( Fourth Chamber ) of
                                                                     26 January 1995 in Case T-549/93 [ 1995 ] ECR-SC 11-43
                                                                     between D and the Commission, seeking to have that
                (Language of the case: Danish)                       judgment set aside, the other party to the proceedings being
                                                                     the Commission of the European Communities ( Agent: Ana
(Provisional translation; the definitive translation will be         Maria Alves Vieira ) — the Court ( First Chamber),
         published in the European Court Reports)                    composed of D. A. O. Edward, President of the Chamber,
                                                                     P. Jann ( Rapporteur ) and L. Sevón, Judges; M. B. Elmer,
In Case C-276/94 : reference to the Court under Article 177
                                                                     Advocate General; R. Grass, Registrar, made an order on
                                                                     11 January 1996 , the operative part of which is as
of the EEC Treaty from the Kriminal- og Skifteret ( Criminal,        follows :
Bankruptcy and Probate Court), Frederikshavn ( Denmark ),
for a preliminary ruling in the criminal proceedings pending
before that court against Finn Ohrt — on the interpretation          1 . The appeal is dismissed.
of Articles 2 and 3 of Commission Regulation ( EEC )
No 1382/87 of 20 May 1987 establishing detailed rules                2 . The appellant shall pay the costs.
concerning the inspection of fishing vessels ( OJ No L 132,
1987, p. 11 ) — the Court ( Fourth Chamber), composed of             (') OJ No C 159 , 24 . 6 . 1995 .
C. N. Kakouris, President of the Chamber, P. J. G. Kapteyn
and H. Ragnemalm ( Rapporteur ), Judges; A. M. La Pergola,
Advocate General; R. Grass, Registrar, has given a judgment
on 18 January 1996 , in which it rules :
1 . Article 2 of Commission Regulation (EEC) No 1382/87              Reference for a preliminary ruling by the Diikitiko
     of 20 May 1987 establishing detailed rules concerning           Protodikio ( Administrative Court of First Instance ),
     the inspection of fishing vessels must be interpreted as        Thessaloniki, by a decision of that court of 28 February
     meaning that every inspection vessel, regardless of type             1995 in the case of Sigfried Klattner v. Greek State
     or dimensions, must display the identification symbol or                                 ( Case C-389/95 )
     pennant described in Annex I to that Regulation.                                             ( 96/C 77/09 )
2 . The obligation to comply with the orders of a                    Reference has been made to the Court of Justice of the
     representative of the competent authority of a Member           European Communities by a decision of the Administrative
     State, under Article 3 of the Regulation, presupposes           Court of First Instance, Thessaloniki, of 28 February 1995 ,
     that the skipper of the vessel to be inspected is aware of      which was received at the Court Registry on 25 January
     the status of that representative. In the absence of the         1 996 , for a preliminary ruling in the case of Sigfried Klattner
     symbol or pennant required by Article 2 of the                  v. Greek State on the following questions: