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Commission of the European Communities, applicant, v. French Republic, defendant

Country/Territory
European Union, France
Type of court
International court
Date
Jul 12, 2005
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Skouris, V.
Jann, P.
Timmermans, C., W., A.
Gulmann, C.
Puissochet, J., P.
Schintgen, R.
Colneric, N.
von Bahr, S.
Cunha Rodrigues, J., N.
Reference number
C-304/02
Language
English
Subject
Legal questions, Fisheries
Keyword
Offences/penalties Fishery management and conservation
Abstract
The Commission of the European Communities requested the Court to: – declare that, by failing to take the necessary measures to comply with the judgment of 11 June 1991 in Case C-64/88 Commission v France [1991] ECR I-2727, the French Republic had failed to fulfill its obligations under Article 228 EC; – order the French Republic to pay to the Commission a penalty payment in the sum of EUR 316 500 for each day of delay in implementing the measures necessary to comply with the judgment in Case C-64/88 In the judgment in Case C-64/88 Commission v France, the Court declared that by failing to carry out controls ensuring compliance with technical Community measures for the conservation of fishery resources, laid down by Regulation No 171/83 and by Regulation No 3094/86, the French Republic had failed to fulfill its obligations under the said regulations. In the present case, the Court found that the French Republic had still failed to carry out controls of fishing activities in accordance with the requirements laid down by the Community provisions, and therefore had not taken all the necessary measures to comply with the judgment in Case C-64/88 Commission v France and was accordingly failing to fulfill its obligations under Article 228 EC. With regard to the penalty, the Court emphasized that the procedure laid down in Article 228(2) EC had the objective of inducing a defaulting Member State to comply with a judgment and thereby of ensuring that Community law was in fact applied. The measures provided for by that provision, namely a lump sum and a penalty payment, were both intended to achieve this objective. Application of each of those measures depended on their respective ability to meet the objective pursued according to the circumstances of the case. While the imposition of a penalty payment seemed particularly suited to inducing a Member State to put an end as soon as possible to a breach of obligations which, in the absence of such a measure, would tend to persist, the imposition of a lump sum was based more on assessment of the effects on public and private interests of the failure of the Member State concerned to comply with its obligations, in particular where the breach had persisted for a long period since the judgment which initially established it. In light of all of the foregoing, the Court held that French Republic should be ordered to pay to the Commission a penalty payment of EUR 57,761,250, on a half year basis as long as the judgment in case C-64/88 had not been fully complied with. Besides that, in light of the fact that the breach of obligations had persisted for a long period since the judgment which initially established it and of the public and private interests at issue, it was essential to order payment of a lump sum. The amount of the lump sum was set at EUR 20,000,000.
Full text
Comission des Communautés europénnes c Republique francaise C_304_02.pdf
Comission of the European Communities v. French Republic C_304_02.pdf
Website
curia.europa.eu