Failure of a Member State to fulfil obligations Regulation (EEC) No 2847/93 Control system applicable to the common fisheries policy Data concerning the species and quantities landed of fish Failure to notify
Sumário
Judgment of the Court (Fifth Chamber) of 7 December 2006.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil obligations - Regulation (EEC) No 2847/93 -Control system applicable to the common fisheries policy - Data concerning the species and quantities landed of fish - Failure to notify.
Case C-161/05.
Texto da decisão
Judgment of the Court (Fifth Chamber) of 7 December 2006 – Commission v Italy
(Case C-161/05)
Failure of a Member State to fulfil obligations – Regulation (EEC) No 2847/93 –Control system applicable to the common fisheries policy – Data concerning the species and quantities landed of fish – Failure to notify
1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 10)
2. Member States – Obligations under Community law – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 12)
Re:
| Failure of a Member State to fulfil obligations – Breach of Articles 15(4) and 18(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1) – Failure to notify the data concerning the species and quantities of fish caught. |
Operative part
|
1. |
By failing to notify the data referred to in Articles 15(4) and 18(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy for 1999 and 2000, the Italian Republic has failed to fulfil its obligations under those provisions; |
|
2. |
The Italian Republic is ordered to pay the costs. |