Commission of the European Communities v French Republic.
Date: 2002-04-25
29 The French Government raised the same objection in the action for failure to fulfil obligations relating to the fishing years 1988 and 1990 brought against it by the Commission. That objection was dismissed by the Court of Justice in its judgment in Case C-333/99 Commission v France [2001] ECR I-1025, paragraphs 23 to 25). In particular, when exercising its powers under Articles 211 EC and 226 EC, the Commission does not have to show that there is a specific interest in bringing the action since its function is, in the general interest of the Community, to ensure that Member States give effect to the EC Treaty and to obtain a declaration of any failure to fulfil the obligations deriving therefrom, with a view to bringing it to an end (Case 167/73 Commission v France [1974] ECR 359, paragraph 15; Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraph 21; Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraph 59; and Case C-333/99 Commission v France, cited above, paragraph 23).
50 It is true that, due to the efforts of the French Government, the extent to which fishing quotas were exceeded has significantly reduced during the period under consideration. However, an improvement in the management of quotas cannot excuse the failures recorded (see Case C-333/99 Commission v France, cited above, paragraph 36).
51 In that regard, it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it. It is settled case-law that a Member State cannot rely on practical difficulties in order to justify its failure to adopt appropriate supervisory measures. On the contrary, it is for the Member States responsible for implementing Community regulations in the fishery products sector to overcome those difficulties by adopting appropriate measures (Case C-333/99 Commission v France, cited above, paragraphs 36 and 44).
57 It is imperative that the Member States fulfil the obligations incumbent on them under the Community rules for the conservation and management of fish stocks in order to ensure the protection of fishing grounds, the conservation of the biological resources of the sea and their balanced exploitation on a lasting basis and in appropriate economic and social conditions.
58 On those grounds, the Court has already held that Article 11(2) of Regulation No 2241/87 requires Member States to adopt binding measures to prohibit on a provisional basis all fishing activity even before quotas are exhausted (see Case C-52/95 Commission v France [1995] ECR I-4443, paragraphs 29 and 30). That interpretation is also valid for Article 21(2) of Regulation No 2847/93, the wording of which is essentially the same as that of Article 11(2) of Regulation No 2241/87, which it replaces.
59 Furthermore, according to settled case-law, a Member State cannot plead provisions, practices or situations in its internal legal system to justify non-compliance with obligations and time-limits arising from rules of Community law (see Case C-52/91 Commission v Netherlands [1993] ECR I-3069, paragraph 36, and Commission v France, cited above, paragraph 54).
62 The competent authorities of a Member State are required, under Article 1(2) of Regulation No 2241/87, to take penal or administrative action against those responsible in cases of infringement of Community rules on the conservation and control of fishery resources. The same obligation is incumbent on the Member States, since 1 January 1994, under Article 31(1) of Regulation No 2847/93.
66 Moreover, the fact that the French Government is drafting a decree intended to impose appropriate penalties on the producers' organisations responsible for exceeding quotas is of no relevance in the context of these actions. According to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26).