a)

it appears to pursue a strictly environmental objective, although the legal basis on which it is founded is Article 43 of the EC Treaty (now Article 37 EC);

b)

it does not define a drift-net and therefore does not clearly define the scope of that term;

c)

it is not clearly reasoned;

d)

it does not take account of available scientific and technical data, of the environmental conditions in the various regions of the Community, or of the benefits or costs which arise from the prohibition which it establishes;

e)

it is disproportionate to the objective being pursued;

f)

it is discriminatory since it treats very different geographic, economic and social situations in the same fashion;

g)

it does not establish any exemption for small-time fishermen who fish with devices such as the ‘thonaille’, which, apart from the fact that it is traditional in the Mediterranean, is vital for that part of the population who practise it, and is, moreover, very selective?