Commission of the European Communities v French Republic.
Date: 2001-02-01
23 In the exercise of 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 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, and Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraph 59).
24 Furthermore, it is for the Commission to determine whether it is expedient to take action against a Member State and what provisions, in its view, the Member State has infringed, and to choose the time at which it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action (Case C-317/92 Commission v Germany [1994] ECR I-2039, paragraph 4, and Case C-35/96 Commission v Italy [1998] ECR I-3851, paragraph 27).
25 According to settled case-law, the rules of Article 226 EC must be applied without the Commission being obliged to act within a specific period (Case 324/82 Commission v Belgium [1984] ECR 1861, paragraph 12, and Case C-96/89 Commission v Netherlands [1991] ECR I-2461, paragraph 15). In the absence of any evidence that the unusual length of the pre-litigation procedure has adversely affected the French Republic's rights of defence, nothing can justify the conclusion that the Commission exercised its discretion under Article 226 EC in a manner contrary to the Treaty.
32 It should be observed at the outset that Article 226 EC enables the Commission to institute proceedings for failure to fulfil obligations each time it forms the view that a Member State has failed to fulfil an obligation under Community law, without its being required to draw distinctions based on the nature or gravity of the infringement (Case C-209/88 Commission v Italy [1990] ECR I-4313, paragraph 13).
33 The procedure laid down in Article 226 EC is based on the objective finding that a Member State has failed to fulfil its obligations under the Treaty or secondary legislation (see Case 301/81 Commission v Belgium [1983] ECR 467, paragraph 8, and Case C-71/97 Commission v Spain [1998] ECR I-5991, paragraph 14).
35 It follows from the scale of those figures and the repetition of the situation which they describe that the instances of overfishing could not but have been the consequence of a failure by the French authorities to comply with their monitoring obligations. The French Government's argument that the Commission is basing itself on no more than a presumption is for that reason unjustified.
36 So far as the gradual improvement in fisheries management is concerned, 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 (Commission v Spain, cited above, paragraph 15). Although those efforts led to a reduction in the extent to which quotas were exceeded, they cannot excuse the failures that occurred.
37 As for the French Government's argument that non-compliance with its obligations did not result in damage, even assuming this to be established, it is important to remember that failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute the breach, and that the fact that such a failure had no adverse effects is irrelevant (see Case C-209/88 Commission v Italy, cited above, paragraph 14).
39 The Court has already held, in its judgment in Case C-52/95 Commission v France [1995] ECR I-4443, paragraphs 29 and 30, 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.
44 Second, so far as the computer and statistical problems are concerned, the Court has consistently held 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 (see Case C-62/89 Commission v France, cited above, paragraph 23, and Case C-52/95 Commission v France, cited above, paragraph 28).
52 So far as evidence at sea is concerned, the Court has already held that exceeding quotas, which the control system seeks to preclude, is caused, not by catching certain types of fish, but rather by landing or transhipping excess catches. Article 1 of Regulation No 2241/87 makes it clear that the control measures and inspections imposed by provisions of Community law are directed at the activities of landing, selling and storing fish and recording landings and sales. The infringements of the quota system which must be penalised by the Member State of landing or transhipment under Article 11c, added to Regulation No 2241/87 by Council Regulation (EEC) No 3483/88 of 7 November 1988 (OJ 1988 L 306, p. 2), are consequently those which take place when catches are landed or transhipped in a port of that Member State or within the maritime waters under its sovereignty or jurisdiction (Case C-9/89 Commission v Spain [1990] ECR I-1383, paragraphs 28 and 29).
54 Furthermore, it should be borne in mind that, under Article 5(2) of Regulation No 170/83, it is for the Member States to determine the detailed rules for utilisation of the quotas allocated to them, including the conditions governing their application. It is settled case-law that 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).