Pansard & Ors (Free movement of goods) [2003] EUECJ C-265/01 (16 January 2003)

Pansard & Ors (Free movement of goods) [2003] EUECJ C-265/01 (16 January 2003)

Community fisheries law precludes national legislation prohibiting, during a given period, the landing, on part of the coastline of a Member State, of scallops caught within the territorial waters of another Member State, as such measures exceed the competence of the Member State and are not compatible with the common fisheries policy.

Citation
[2003] EUECJ C-265/01
Parties
Accused: Annie Pansard and Others; Prosecutor: French Republic
Jurisdiction
European Union
Judgment Date
16 January 2003
Procedural Posture
Preliminary Ruling (article 234 Ec) / Reference From National Criminal Proceedings
Outcome
National legislation precluding landing of scallops caught in another Member State's territorial waters is precluded by Community fisheries law.
Legal Topics
Community Customs Code, Common Fisheries Policy, Quantitative Restrictions, National Measures Vs EU Law
European Union Law Criminal Law Fisheries Law Community Customs Code Common Fisheries Policy Quantitative Restrictions National Measures Vs EU Law

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Parties

Annie Pansard and Others

Accused

French Republic

Prosecutor

Procedural Posture

Preliminary Ruling (article 234 Ec) / Reference From National Criminal Proceedings

Legal Issues

  1. 1 Whether scallops caught in Jersey waters by French vessels are 'imported products' under EU law
  2. 2 Whether French national legislation prohibiting landing of scallops during a closed season is precluded by Community fisheries law and Article 28 EC

Ratio Decidendi

Community fisheries law precludes national legislation prohibiting, during a given period, the landing, on part of the coastline of a Member State, of scallops caught within the territorial waters of another Member State, as such measures exceed the competence of the Member State and are not compatible with the common fisheries policy.

Court Disposition

National legislation precluding landing of scallops caught in another Member State's territorial waters is precluded by Community fisheries law.

Orders

  • Community fisheries legislation precludes national legislation such as that at issue in the main proceedings which prohibits, during a given period, the landing, on part of the coastline of the Member State concerned, of scallops caught within the territorial waters of another Member State.