Judgment of the Court (Seventh Chamber) of 15 October 2009 – Commission v Netherlands
(Case C‑232/08)
Failure of a Member State to fulfil obligations – Regulation (EC) No850/1998 – Article 29(2) – Restrictions on fishing for plaice – Maximum engine power of fishing vessels – Regulation (EEC) No2847/93 – Article 2(1) – Regulation (EC) No2371/2002 – Article 23 – Application of control and enforcement of the rules
Fisheries – Conservation of the resources of the sea – Technical conservation measures – Restrictions on fishing for plaice (Council Regulations No 2847/93, Art. 2(1), No 850/98, Art. 29(2), and No 2371/2002, Art. 23) (see paras 41-54)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Article 29(2) of Council Regulation (EC) No850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, Article 23 of Council Regulation (EC) No2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and Article 2(1) of Council Regulation (EEC) No2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy – Fishing for plaice – Inspection and control of fishing vessels and their activities – Responsibility of the Member States. |
Operative part
The Court:
1. |
| Declares that, by allowing fishing vessels to have a higher engine power than permitted under Article 29(2) of Council Regulation (EC) No850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, as amended by Council Regulation (EC) No2166/2005 of 20 December 2005, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 23 of Council Regulation (EC) No2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and Article 2(1) of Council Regulation (EEC) No2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy, as amended by Council Regulation (EC) No768/2005 of 26 April 2005; |
2. |
| Orders the Kingdom of the Netherlands to pay the costs. |