Cornelis Kramer and others. [1976] EUECJ R-6/76 (14 July 1976)

Cornelis Kramer and others. [1976] EUECJ R-6/76 (14 July 1976)

At the time of the facts, Member States retained transitional authority to assume international commitments for conservation of sea resources and to implement corresponding national measures, provided these did not hinder Community objectives or functioning. Such conservation measures do not amount to prohibited quantitative restrictions under Community law.

Citation
[1976] EUECJ R-6/76
Parties
Applicant: Cornelius Kramer; Applicant: Hendrik van den Berg; Applicant: Vennootschap onder Firma Kramer en Bais; Respondent: Netherlands
Jurisdiction
European Union
Judgment Date
14 July 1976
Procedural Posture
Reference for a Preliminary Ruling (joined Criminal Proceedings) / Preliminary Ruling by Court of Justice of the European Communities
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
External Relations of the EEC, Conservation of Biological Resources, Sea Fishing Regulation, Division of Powers Between Community and Member States, Quantitative Restrictions and Equivalent Measures
European Union Law International Law Fisheries Law External Relations of the EEC Conservation of Biological Resources Sea Fishing Regulation Division of Powers Between Community and Member States Quantitative Restrictions and Equivalent Measures

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Parties

Cornelius Kramer

Applicant

Hendrik van den Berg

Applicant

Vennootschap onder Firma Kramer en Bais

Applicant

Netherlands

Respondent

Procedural Posture

Reference for a Preliminary Ruling (joined Criminal Proceedings) / Preliminary Ruling by Court of Justice of the European Communities

Legal Issues

  1. 1 Whether the EEC or Member States have authority to enter into international commitments regarding sea-fishing and conservation of biological resources
  2. 2 Compatibility of national catch quota measures with Community law and regulations
  3. 3 Whether such national measures constitute prohibited quantitative restrictions under Articles 30 et seq. of the EEC Treaty

Ratio Decidendi

At the time of the facts, Member States retained transitional authority to assume international commitments for conservation of sea resources and to implement corresponding national measures, provided these did not hinder Community objectives or functioning. Such conservation measures do not amount to prohibited quantitative restrictions under Community law.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • Member States had power to assume commitments under the North-East Atlantic Fisheries Convention and to ensure their application within their jurisdiction.
  • A Member State does not jeopardize the objectives or functioning of the system established by Regulations Nos 2141/70 and 2142/70 if it adopts measures limiting fishing activities for conservation.