CELEX: C1997/199/32
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 12 May 1997 by the Kingdom of Spain against Commission of the European Communities (Case C-179/97)

28 . 6 . 97          EN                  Official Journal of the European Communities                                 No C 199/ 17
The maritime agreement between the Belgo-Luxembourg                 Infringement of Council Regulation ( EEC )
Economic Union and Malaysia, signed at Kuala Lumpur                 No 1956 / 88 ( 2 ), as amended by Council
on 12 February 1985 , contains a cargo-sharing                      Regulation ( EC ) No 3067 / 95 ( 3 ) :
arrangement. Concluded by Belgium in the name of the
Union in accordance with Article 31 of the Treaty
establishing the Belgo-Luxembourg Economic Union, the               the contested provision also infringes paragraph 10 ( iv ) of
agreement entered into force on 17 August 1987 and is a             the Annex to the above regulation, which also provides
future agreement covered by Article 5 of the regulation,            that 'a NAFO inspector from another Contracting Party
with which it is incompatible.                                      may, subject to the consent of the Contracting Party of the
                                                                    vessel, board the vessel as it is proceeding to port, may
                                                                    remain on board the vessel as it proceeds to port and may
O OJ No L 378 , 31 . 12 . 1986, p . 1 .
                                                                    be present during the inspection of the vessel in port.' But,
                                                                    when Article 4 of Council Regulation ( EEC ) No 1956/88
                                                                    empowers the Commission to adopt implementing
                                                                    measures under the Management Committee procedure, it
                                                                    does not allow it in any circumstances to approve
                                                                    provisions which are contrary to the Regulation which it
Action brought on 12 May 1997 by the Kingdom of Spain               purports to implement.
     against Commission of the European Communities
                       ( Case C-l 79/97                             H OJ No L 77, 19 . 3 . 1997, p. 5 .
                                                                    ( 2 ) OJ No L 175 , 6 . 7. 1988 , p. 1 .
                         ( 97/C 199/32 )                            ( 3 ) OJ No L 329, 30 . 12 . 1995 , p . 1
An action against the Commission of the European
Communities was brought before the Court of Justice on
12 May 1997 by the Kingdom of Spain, represented by
Rosario Silva de la Puerta, with an address for service in
Luxembourg at the Spanish Embassy, 4-6 Boulevard                    Action brought on 12 May 1997 by the Commission of the
E. Servais .                                                            European Communities against the Portuguese Republic
                                                                                               ( Case C-183/97)
The applicant claims that the Court of Justice should:
                                                                                                  97/C 199/33 )
— annul Article 4a ( 6 ) of Commission Regulation ( EEC )
     No 2868/88 establishing detailed rules for the                 An action against the Portuguese Republic was brought
     application of the Joint International Inspection              before the Court of Justice of the European Communities
     Scheme adopted by the North-West Atlantic Fisheries            on 12 May 1997 by the Commission of the European
     Organization, as modified by Commission Regulation             Communities, represented by Francisco de Sousa Fialho,
     ( EC ) No 494/97 H of 18 March 1997, and                       of its Legal Service, acting as Agent, with an address for
                                                                    service in Luxembourg at the office of Carlos Gomez de la
— order the Commission to pay the costs .                           Cruz, Wagner Centre, Kirchberg.
Pleas in law and main arguments adduced in support:                 The applicant claims that the Court should:
Infringement of Annex I , point II ( 9 ) ( e ) ( iv )               — declare that, by failing to adopt all the laws,
of the Convention between the Community                                    regulations or administrative provisions necessary to
and Canada on fishing under the NAFO                                       comply with Council Directive 80/68/EEC of
arrangements :                                                             17 December 1979 on the protection of groundwater
                                                                           against pollution caused by certain dangerous
                                                                           substances ('), in particular with respect to the
according to that Convention, for a NAFO inspector of
                                                                           obligations arising from Articles 8 , 9, 10, 11 and 15
another Contracting Party to take part in an inspection
                                                                           thereof, the Portuguese Republic has failed to fulfil its
carried out in port, the consent is required of the
Contracting Party whose flag the vessel is flying. There is                obligations under the third paragraph of Article 189 of
thus a clear contradiction between the content of the                      the EC Treaty and Article 21 ( 1 ) of Directive 80/68/
                                                                           EEC ,
contested regulation, which does not require the consent
to be obtained of the Contracting Party whose flag the
vessel is flying, and the Convention on which it is based.          — declare, in the alternative, that by failing to inform the
An internal Community provision cannot override the                        Commission       forthwith        of such measures,  the
provisions of an international commitment. The primacy                     Portuguese Republic has failed to fulfil its obligations
of international agreements concluded by the Community                     under the abovementioned provisions;
over instruments of secondary Community law means that
the latter must be interpreted in accordance with those
agreements .                                                        — order the Portuguese Republic to pay the costs .