Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61989J0221
Název:
Title: 		JUDGMENT OF THE COURT OF 25 JULY 1991. THE QUEEN V SECRETARY OF STATE FOR TRANSPORT, EX PARTE FACTORTAME LTD AND OTHERS. REFERENCE FOR A PRELIMINARY RULING: HIGH COURT OF JUSTICE, QUEEN' S BENCH DIVISION - UNITED KINGDOM. FISHERIES - REGISTRATION OF VESSELS - CONDITIONS. CASE C-221/89.
Publikace:
Publication:		REPORTS OF CASES 1991 PAGES I-3905
Předmět (klíčová slova):
Keywords		FREEDOM OF ESTABLISHMENT AND SERVICES;RIGHT OF ESTABLISHMENT;AGRICULTURE;FISHERIES POLICY;
Související předpisy:
Corresponding acts:		157E052
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. AS COMMUNITY LAW STANDS AT PRESENT, IT IS FOR THE MEMBER STATES TO DETERMINE, IN ACCORDANCE WITH THE RULES OF INTERNATIONAL LAW, THE CONDITIONS WHICH MUST BE FULFILLED IN ORDER FOR A VESSEL TO BE REGISTERED IN THEIR REGISTERS AND GRANTED THE RIGHT TO FLY THEIR FLAG, BUT, IN EXERCISING THAT POWER, THE MEMBER STATES MUST COMPLY WITH THE RULES OF COMMUNITY LAW.

2. IT IS CONTRARY TO THE PROVISIONS OF COMMUNITY LAW AND, IN PARTICULAR, TO ARTICLE 52 OF THE TREATY FOR A MEMBER STATE TO ENACT LEGISLATION STIPULATING AS CONDITIONS FOR THE REGISTRATION OF A FISHING VESSEL IN ITS NATIONAL REGISTER: (A) THAT THE OWNERS AND THE CHARTERERS, MANAGERS AND OPERATORS OF THE VESSEL MUST BE NATIONALS OF THAT MEMBER STATE OR COMPANIES INCORPORATED IN THAT MEMBER STATE, AND THAT, IN THE LATTER CASE, AT LEAST 75% OF THE SHARES IN THE COMPANY MUST BE OWNED BY NATIONALS OF THAT MEMBER STATE OR BY COMPANIES FULFILLING THE SAME REQUIREMENTS AND 75% OF THE DIRECTORS OF THE COMPANY MUST BE NATIONALS OF THAT MEMBER STATE; (B) THAT THE SAID OWNERS, CHARTERERS, MANAGERS, OPERATORS, SHAREHOLDERS AND DIRECTORS, AS THE CASE MAY BE, MUST BE RESIDENT AND DOMICILED IN THAT MEMBER STATE. NEITHER THE EXISTENCE OF A COMMUNITY SYSTEM OF NATIONAL FISHING QUOTAS NOR THE FACT THAT THE COMPETENT MINISTER OF A MEMBER STATE HAS THE POWER TO DISPENSE WITH, INTER ALIA, THE NATIONALITY REQUIREMENT IN RESPECT OF A
N INDIVIDUAL IN VIEW OF THE LENGTH OF TIME SUCH INDIVIDUAL HAS RESIDED IN THAT MEMBER STATE AND HAS BEEN INVOLVED IN THE FISHING INDUSTRY OF THAT MEMBER STATE MAKES SUCH LEGISLATION COMPATIBLE WITH COMMUNITY LAW. HOWEVER, IT IS NOT CONTRARY TO COMMUNITY LAW FOR A MEMBER STATE TO STIPULATE AS A CONDITION FOR THE REGISTRATION OF A FISHING VESSEL IN ITS NATIONAL REGISTER THAT THE VESSEL IN QUESTION MUST BE MANAGED AND ITS OPERATIONS DIRECTED AND CONTROLLED FROM WITHIN THAT MEMBER STATE.

Plný text judikátu (Entire text of the Judgment):