Commission of the European Communities v Ireland.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Pescatore
• ECLI: ECLI:EU:C:1978:29
• Docket Number: 61/77
• Date: 16 February 1978
• Procedure Type: Recurso por incumplimiento – fundado

Avis juridique important

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61977J0061

Judgment of the Court of 16 February 1978. - Commission of the European Communities v Ireland. - Sea fisheries. - Case 61/77.

European Court reports 1978 Page 00417
Greek special edition Page 00167
Portuguese special edition Page 00169
Spanish special edition Page 00161
Swedish special edition Page 00057
Finnish special edition Page 00055

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . ACTS ADOPTED BY AN INSTITUTION - REGULATION - GEOGRAPHICAL AREA OF APPLICATION

( EEC TREATY , ARTICLE 189 )

2 . SEA FISHING - COMMON POLICY - MARITIME WATERS COMING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF MEMBER STATES - LIMITS - REFERENCE TO NATIONAL LAWS - SIGNIFICANCE

( COUNCIL REGULATION NO 101/76 , ARTICLE 2 ( 3 ))

3 . SEA - FISHING RESOURCES - CONSERVATION MEASURES - POWER OF THE EEC - NOT EXERCISED - INTERIM POWERS OF THE MEMBER STATES - OBLIGATION TO COOPERATE

( ACCESSION TREATY , ARTICLE 102 ; EEC TREATY , ARTICLE 5 )

4 . EQUALITY OF TREATMENT - DISCRIMINATION - PROHIBITION - CRITERIA FOR DIFFERENTIATION - COVERT DISCRIMINATION - PROHIBITION

( EEC TREATY , ARTICLE 7 )

5 . SEA FISHING - PURSUIT - NATIONAL MEASURES - ACCESS TO FISHING AREAS - LIMITATION - CRITERIA - DISCRIMINATION - PROHIBITION

( EEC TREATY , ARTICLE 7 ; REGULATION NO 101/76 , ARTICLE 2 )

Summary

1 . AS INSTITUTIONAL ACTS ADOPTED ON THE BASIS OF THE TREATY , REGULATIONS APPLY IN PRINCIPLE TO THE SAME GEOGRAPHICAL AREA AS THE TREATY ITSELF .

2 . ARTICLE 2 ( 3 ) OF REGULATION NO 101/76 MUST BE UNDERSTOOD AS REFERRING TO THE LIMITS OF THE FIELD OF APPLICATION OF COMMUNITY LAW IN ITS ENTIRETY , AS THAT FIELD MAY AT ANY GIVEN TIME BE CONSTITUTED . CONSEQUENTLY THE REFERENCE IN THAT PROVISION TO THE ' LAWS IN FORCE ' IN THE VARIOUS MEMBER STATES AS DESCRIBING THE MARITIME WATERS COMING UNDER THEIR SOVEREIGNTY OR WITHIN THEIR JURISDICTION MUST BE INTERPRETED AS REFERRING TO THE LAWS APPLICABLE FROM TIME TO TIME DURING THE PERIOD OF VALIDITY OF THE REGULATION CONCERNED . ANY EXTENSION OF THE MARITIME ZONES BELONGING TO THE MEMBER STATES MEANS PRECISELY THE SAME EXTENSION OF THE AREA TO WHICH THE REGULATION APPLIES .

3 . THE COMMUNITY HAS POWER TO TAKE MEASURES FOR THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA , BOTH INDEPENDENTLY AND IN THE FORM OF CONTRACTUAL COMMITMENTS WITH NON- MEMBER STATES OR UNDER THE AUSPICES OF INTERNATIONAL ORGANIZATIONS . IN SO FAR AS THIS POWER HAS BEEN EXERCISED BY THE COMMUNITY , THE PROVISIONS ADOPTED BY IT PRECLUDE ANY CONFLICTING PROVISIONS BY THE MEMBER STATES . ON THE OTHER HAND , SO LONG AS THE TRANSITIONAL PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION HAS NOT EXPIRED AND THE COMMUNITY HAS NOT YET FULLY EXERCISED ITS POWER IN THE MATTER , THE MEMBER STATES ARE ENTITLED , WITHIN THEIR OWN JURISDICTION , TO TAKE APPROPRIATE CONSERVATION MEASURES WITHOUT PREJUDICE , HOWEVER , TO THE OBLIGATION TO CO- OPERATE IMPOSED UPON THEM BY THE TREATY , IN PARTICULAR ARTICLE 5 THEREOF .

4 . THE RULES REGARDING EQUALITY OF TREATMENT ENSHRINED IN COMMUNITY LAW FORBID NOT ONLY OVERT DISCRIMINATION BUT ALSO COVERT FORMS OF DISCRIMINATION BY REASON OF NATIONALITY WHICH , BY THE APPLICATION OF OTHER CRITERIA OF DIFFERENTIATION , LEAD IN FACT TO THE SAME RESULT .

5 . NATIONAL MEASURES ARE CONTRARY BOTH TO ARTICLE 7 OF THE EEC TREATY AND TO ARTICLE 2 ( 1 ) OF REGULATION NO 101/76 IF , BY SELECTING A CRITERION BASED ON THE SIZE AND ENGINE POWER OF THE BOATS , THEY HAVE THE EFFECT OF EXCLUDING FROM THE FISHING AREAS COMING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF THE MEMBER STATE IN QUESTION , A PART OF THE FLEETS OF OTHER MEMBER STATES WHEREAS UNDER THE SAME MEASURES NO COMPARABLE OBLIGATION IS IMPOSED ON ITS OWN NATIONALS .

Parties

IN CASE 61/77

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JOHN TEMPLE LANG , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

SUPPORTED BY

KINGDOM OF THE NETHERLANDS , REPRESENTED BY G . W . MAAS GEESTERANUS , LEGAL ADVISER AT THE MINISTRY FOR FOREIGN AFFAIRS , ACTING AS AGENT , ASSISTED BY M . J . KUIPER , PRINCIPAL ADMINISTRATOR IN THE LEGAL ADVISERS ' DEPARTMENT OF THE MINISTRY FOR AGRICULTURE AND FISHERIES , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE NETHERLANDS EMBASSY ,

INTERVENER ,

V

IRELAND , REPRESENTED BY LIAM J . LYSAGHT , CHIEF STATE SOLICITOR , ACTING AS AGENT , ASSISTED BY R . J . O ' HANLON , S.C ., WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE IRISH EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT , BY INTRODUCING CERTAIN RESTRICTIVE MEASURES IN THE SEA FISHERIES SECTOR , IRELAND HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,

Grounds

1BY APPLICATION OF 13 MAY 1977 , THE COMMISSION HAS BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT , IN APPLYING CERTAIN RESTRICTIVE MEASURES IN THE SEAS FISHERIES SECTOR , IRELAND HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

BACKGROUND TO THE DISPUTE , CONNEXION WITH CASE 88/77 AND THE INTERIM MEASURES

2THE PARTIES ARE NOT IN DISPUTE REGARDING THE UNDERLYING FACTS OF THE CASE .

3THE FIRST OF THESE IS THAT , AT ITS MEETING IN THE HAGUE ON 30 OCTOBER 1976 , THE COUNCIL ADOPTED A RESOLUTION ( HEREINAFTER CALLED ' THE HAGUE RESOLUTION ' ). WHICH WAS FORMALLY APPROVED ON 3 NOVEMBER 1976 , WHEREBY IT WAS AGREED THAT , WITH EFFECT FROM 1 JANUARY 1977 , THE MEMBER STATES WOULD , BY CONCERTED ACTION , EXTEND THE LIMITS OF THEIR FISHING ZONES TO 200 MILES OFF THEIR NORTH SEA AND NORTH ATLANTIC COASTS .

4IN THAT RESOLUTION , THE COUNCIL LAID DOWN THAT , AS FROM THE SAME DATE , THE EXPLOITATION BY THE FISHING VESSELS OF THIRD COUNTRIES OF FISHERY RESOURCES SITUATED IN THESE ZONES WOULD BE GOVERNED BY AGREEMENTS BETWEEN THE COMMUNITY AND THE THIRD COUNTRIES CONCERNED AND AT THE SAME TIME DECIDED ON THE PRINCIPLE OF CONCERTED ACTION BY THE MEMBER STATES FOR THE PURPOSE OF FUTURE PROCEEDINGS OF THE COMPETENT INTERNATIONAL FISHERIES BODIES .

5FURTHERMORE , THE COUNCIL ( IN ANNEX VI TO THE RESOLUTION ) REFERRED TO CERTAIN ASPECTS OF THE COMMUNITY ' S INTERNAL FISHERIES SYSTEM AND , MORE PARTICULARLY , NOTED THE NEED TO EVOLVE COMMON MEASURES FOR THE CONSERVATION OF RESOURCES WITHOUT PREJUDICE TO THE POSSIBILITY THAT THE MEMBER STATES COULD , IN CONJUNCTION WITH THE COMMISSION , ADOPT THE APPROPRIATE INTERIM MEASURES PENDING THE ENTRY INTO FORCE OF COMMON REGULATIONS .

6WITHIN THE FRAMEWORK OF THE SAME RESOLUTION THE COUNCIL DECLARED ITS INTENTION SO TO APPLY THE PROVISIONS OF THE COMMON FISHERIES POLICY AS TO SECURE THE CONTINUED AND PROGRESSIVE DEVELOPMENT OF THE IRISH FISHING INDUSTRY .

7SUBSEQUENTLY , THE COUNCIL GAVE FRESH CONSIDERATION TO THE ESTABLISHMENT OF A COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES ON THE BASIS OF A PROPOSAL FOR A REGULATION SUBMITTED BY THE COMMISSION ON 8 OCTOBER 1976 ( OJ C 255 , P . 3 ).

8ON 3 DECEMBER 1976 THE COMMISSION , IN VIEW OF THE DIFFICULTIES WHICH HAD ARISEN , SUBMITTED A PROPOSAL CONCERNED ONLY WITH THE INTRODUCTION OF INTERIM MEASURES WHICH , SUBSEQUENTLY , IT REPEATEDLY AMENDED IN ACCORDANCE WITH THE DIFFERENCES OF OPINION WHICH AROSE WITHIN THE COUNCIL .

9IT IS TO BE NOTED THAT THE IRISH GOVERNMENT TOOK AN ACTIVE PART IN THE WORK OF THE COUNCIL ON THIS QUESTION AND , ON 13 DECEMBER 1976 , SUBMITTED ADDITIONAL PROPOSALS TO SUPPLEMENT THE CONSERVATION MEASURES PUT FORWARD .

10THESE PROPOSALS CONTAINED A NUMBER OF PROVISIONS , INCLUDING ONE FOR THE EXCLUSION OF FACTORY SHIPS , THE CREATION OF SPECIAL CONSERVATION ZONES FOR CERTAIN STOCKS , THE PROHIBITION OF CERTAIN METHODS OF FISHING AND THE EXCLUSION OF FISHING BOATS OF OVER 85 FEET OR 1 000 HORSE-POWER FROM AN AREA EXTENDING 20 MILES FROM THE COAST .

11AT THIS STAGE OF THE PROCEEDINGS , THE IRISH DELEGATION REPEATEDLY DREW THE COUNCIL ' S ATTENTION TO THE URGENT NEED TO TAKE CONSERVATION MEASURES AND MADE IT CLEAR THAT , IN THE ABSENCE OF EARLY AGREEMENT...