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5.12.2009 |
EN |
Official Journal of the European Union |
C 297/10 |
Judgment of the Court (Seventh Chamber) of 15 October 2009 — Commission of the European Communities v Kingdom of the Netherlands
(Case C-232/08) (1)
(Failure of a Member State to fulfil obligations - Regulation (EC) No 850/1998 - Article 29(2) - Restrictions on fishing for plaice - Maximum engine power of fishing vessels - Regulation (EEC) No 2847/93 - Article 2(1) - Regulation (EC) No 2371/2002 - Article 23 - Control, and enforcement of the rules)
2009/C 297/08
Language of the case: Dutch
Parties
Applicant: Commission of the European Communities (represented by: T. van Rijn and K. Banks, Agents)
Defendant: Kingdom of the Netherlands (represented by: M. de Grave and C. Wissels, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 29(2) of Council Regulation (EC) No 850/98 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) No 2371/2002 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) No 2847/93 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 of the judgment
The Court:
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1. |
Declares that, by allowing fishing vessels to have a higher engine power than permitted under Article 29(2) of Council Regulation (EC) No 850/98 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) No 2166/2005 of 20 December 2005, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 23 of Council Regulation (EC) No 2371/2002 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) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy, as amended by Council Regulation (EC) No 768/2005 of 26 April 2005; |
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2. |
orders the Kingdom of the Netherlands to pay the costs. |