Keywords
Summary

Keywords

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1. Fisheries ° Common structural policy ° Exploratory fishing ° Community financial aid ° Period laid down for the Commission to take decisions on the grant of incentive premiums ° Not mandatory

(Council Regulation No 4028/86, Art. 16(3); Commission Regulation No 1871/87, Art. 3(2))

2. Fisheries ° Common structural policy ° Exploratory fishing ° Community financial aid ° Commission decision ° Discretion, subject to procedural safeguards ° Obligation to state reasons

(Council Regulation No 4028/86, Arts 13 and 14(1) and (2)(c))

3. Community law ° Principles ° Protection of legitimate expectations ° Limits ° Exploratory fishing ° Discretion of Community institutions

(Council Regulation No 4028/86, Art. 16(3))

4. Non-contractual liability ° Conditions ° Illegality ° Damage ° Causal link

(EEC Treaty, second para. of Art. 215)

Summary

1. It is apparent both from the scheme of Regulation No 4028/86 on Community measures to improve and adapt structures in the fisheries and aquaculture sector and from Article 3(2) of Regulation No 1871/87 laying down detailed rules for implementing the abovementioned regulation as regards schemes to encourage exploratory fishing that the period of two months following submission of a project for exploratory fishing laid down in Article 16(3) of Regulation No 4028/86 for the Commission to give a decision on the grant of an incentive premium is not mandatory.

2. Where the Commission is called on to adopt a decision under Article 14 of Regulation No 4028/86 concerning the grant of financial aid for a project for an exploratory fishing voyage, as defined in Article 13 of that regulation, it enjoys a wide discretion as to whether the conditions for the grant of the aid are fulfilled, in particular the requirement that the project relate to zones where, on the basis of an estimate of potential fishery resources, stable and profitable exploitation seems possible in the long term. As a result of that discretion, the observance of the safeguards provided for by the Community legal order in relation to administrative procedures is of fundamental importance. Those safeguards include, in particular, the obligation to give an adequate statement of the reasons for the decision. That statement of reasons must show, clearly and unequivocally, the reasoning of the author of the measure, so that the person concerned can, in order to defend his rights, ascertain the grounds on which it was adopted, and the Court can undertake its review.

3. Economic agents cannot have a legitimate expectation that an existing situation which is capable of being altered by the Community institutions in the exercise of their discretionary power will be maintained. That applies to a field like that of exploratory fishing, where the objective being pursued is constantly changing by reference, in particular, to the results of previous fishing voyages. Accordingly, economic agents cannot claim to have legitimate expectations that incentive premiums will be granted for projects on the ground that such premiums were granted for previous voyages. Nor may they base such expectations on the expiry of the period of two months laid down in Article 16(3) of Regulation No 4028/86 for a decision to be taken by the Commission concerning the grant of a premium since, firstly, that time-limit is not mandatory and, secondly, the expiry of it does not confer on the applicants any entitlement to the financial aid provided for by that regulation.

4. The non-contractual liability of the Community can be incurred only if there is a coincidence of a set of conditions as regards the unlawfulness of the acts alleged against the Community institution, the fact of damage and a causal link between the conduct of the institution and the wrongful act complained of.