Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
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):		61977J0061
Název:
Title: 		JUDGMENT OF THE COURT OF 16 FEBRUARY 1978. COMMISSION OF THE EUROPEAN COMMUNITIES V IRELAND. SEA FISHERIES. CASE 61-77.
Publikace:
Publication:		REPORTS OF CASES 1978 PAGES 0417 - 0454
Předmět (klíčová slova):
Keywords		ACCESSION;AGRICULTURE;FISHERIES POLICY;EXTERNAL RELATIONS;
Související předpisy:
Corresponding acts:		157E005
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. AS INSTITUTIONAL ACTS ADOPTED ON THE BASIS OF THE TREATY, REGULATIONS APPLY IN PRINCIPLE TO THE SAME GEOGRAPHICAL AREA AS THE TREATY ITSELF.

2. ARTICLE 2 (3) OF REGULATION NO 101/76 MUST BE UNDERSTOOD AS REFERRING TO THE LIMITS OF THE FIELD OF APPLICATION OF COMMUNITY LAW IN ITS ENTIRETY, AS THAT FIELD MAY AT ANY GIVEN TIME BE CONSTITUTED. CONSEQUENTLY THE REFERENCE IN THAT PROVISION TO THE' LAWS IN FORCE' IN THE VARIOUS MEMBER STATES AS DESCRIBING THE MARITIME WATERS COMING UNDER THEIR SOVEREIGNTY OR WITHIN THEIR JURISDICTION MUST BE INTERPRETED AS REFERRING TO THE LAWS APPLICABLE FROM TIME TO TIME DURING THE PERIOD OF VALIDITY OF THE REGULATION CONCERNED. ANY EXTENSION OF THE MARITIME ZONES BELONGING TO THE MEMBER STATES MEANS PRECISELY THE SAME EXTENSION OF THE AREA TO WHICH THE REGULATION APPLIES.

3. THE COMMUNITY HAS POWER TO TAKE MEASURES FOR THE CONSERVATION OF THE BIOLOGICAL RESOURCES OF THE SEA, BOTH INDEPENDENTLY AND IN THE FORM OF CONTRACTUAL COMMITMENTS WITH NON- MEMBER STATES OR UNDER THE AUSPICES OF INTERNATIONAL ORGANIZATIONS. IN SO FAR AS THIS POWER HAS BEEN EXERCISED BY THE COMMUNITY, THE PROVISIONS ADOPTED BY IT PRECLUDE ANY CONFLICTING PROVISIONS BY THE MEMBER STATES. ON THE OTHER HAND, SO LONG AS THE TRANSITIONAL PERIOD LAID DOWN IN ARTICLE 102 OF THE ACT OF ACCESSION HAS NOT EXPIRED AND THE COMMUNITY HAS NOT YET FULLY EXERCISED ITS POWER IN THE MATTER, THE MEMBER STATES ARE ENTITLED, WITHIN THEIR OWN JURISDICTION, TO TAKE APPROPRIATE CONSERVATION MEASURES WITHOUT PREJUDICE, HOWEVER, TO THE OBLIGATION TO CO- OPERATE IMPOSED UPON THEM BY THE TREATY, IN PARTICULAR ARTICLE 5 THEREOF.

4. THE RULES REGARDING EQUALITY OF TREATMENT ENSHRINED IN COMMUNITY LAW FORBID NOT ONLY OVERT DISCRIMINATION BUT ALSO COVERT FORMS OF DISCRIMINATION BY REASON OF NATIONALITY WHICH, BY THE APPLICATION OF OTHER CRITERIA OF DIFFERENTIATION, LEAD IN FACT TO THE SAME RESULT.

5. NATIONAL MEASURES ARE CONTRARY BOTH TO ARTICLE 7 OF THE EEC TREATY AND TO ARTICLE 2 (1) OF REGULATION NO 101/76 IF, BY SELECTING A CRITERION BASED ON THE SIZE AND ENGINE POWER OF THE BOATS, THEY HAVE THE EFFECT OF EXCLUDING FROM THE FISHING AREAS COMING UNDER THE SOVEREIGNTY OR WITHIN THE JURISDICTION OF THE MEMBER STATE IN QUESTION, A PART OF THE FLEETS OF OTHER MEMBER STATES WHEREAS UNDER THE SAME MEASURES NO COMPARABLE OBLIGATION IS IMPOSED ON ITS OWN NATIONALS.

Plný text judikátu (Entire text of the Judgment):