3.9.2005   

EN

Official Journal of the European Union

C 217/8

JUDGMENT OF THE COURT

(Third Chamber)

of 14 July 2005

in Joined Cases C-259/03, C-260/03 and C-343/03: Commission of the European Communities v Kingdom of Denmark (1)

(System of fishing quotas - 1988, 1990 to 1992, 1994 and 1995 to 1997 fishing years)

(2005/C 217/15)

Language of the case: Danish

In Joined Cases C-259/03, C-260/03 and C-343/03 Commission of the European Communities (Agent: H.-P. Hartvig) v Kingdom of Denmark (Agent: J. Molde) — three actions under Article 226 EC for failure to fulfil obligations, brought on 17 June and 4 August 2003 — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, A. Borg Barthet, J.-P. Puissochet (Rapporteur), S. von Bahr and J. Malenovský, Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judgment on 14 July 2005, in which it:

1.

Declares that, having failed

—

to establish the appropriate detailed rules for utilisation of the quotas allocated to it for each of the following fishing years — 1988, 1990 to 1992, 1994 and 1995 to 1997;

—

in respect of each of those fishing years to ensure compliance with Community legislation on the conservation of fisheries resources through the supervision of fishing activities and appropriate monitoring of the unloading and registration of catches;

—

in respect of each of those fishing years within a reasonable period of time provisionally to prohibit fishing with vessels which fly its flag or are registered within its territory when the applicable quota was deemed to have been exhausted; and

—

to notify the Commission of the European Communities of the implementation of fishing bans in 1988,

the Kingdom of Denmark has failed to fulfil its obligations under Article 5(2) of Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (pre-1993 fishing years), Article 9(2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (post-1993 fishing years), Article 1 and Article 11(1) and (2) of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (pre-1993 fishing years) and Article 2, Article 21(1) and (2) and Article 31 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (post-1993 fishing years).

2.

Dismisses the remainder of the applications.

3.

Orders the Kingdom of Denmark to pay the costs.

(1)  OJ C 200 of 23.08.2003

OJ C 239 of 04.10.2003.