IFSUA v Council (Conservation des ressources biologiques - Judgment) French Text [2020] EUECJ T-251/18 (10 March 2020)

IFSUA v Council (Conservation des ressources biologiques - Judgment) French Text [2020] EUECJ T-251/18 (10 March 2020)

The EU had exclusive competence to regulate recreational fishing for conservation purposes; the regulation was clear, predictable, and consistent with prior measures; no legitimate expectation of regulatory stability existed; the differential treatment between commercial and recreational fishing, and within...

Source-derived case information.

Citation
[2020] EUECJ T-251/18
Parties
Applicant: International Forum for Sustainable Underwater Activities (IFSUA); Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment
Outcome
application dismissed
Legal Topics
Conservation of Marine Biological Resources, Regulation of Recreational Fishing, Competence of the EU, Legal Certainty, Legitimate Expectations, Equality of Treatment, Non Discrimination, Proportionality, Precautionary Principle, Freedom of Association, Freedom of Enterprise
European Union Law Fisheries Law Administrative Law Conservation of Marine Biological Resources Regulation of Recreational Fishing Competence of the EU Legal Certainty Legitimate Expectations +6 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

International Forum for Sustainable Underwater Activities (IFSUA)

Applicant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Action for Annulment / Final Judgment

  1. 1 Whether the EU had competence to regulate recreational fishing of European seabass under the contested regulation
  2. 2 Whether the regulation violated principles of legal certainty and legitimate expectations
  3. 3 Whether the regulation violated equality of treatment and non-discrimination between commercial and recreational fishing, and within recreational fishing

Ratio Decidendi

The EU had exclusive competence to regulate recreational fishing for conservation purposes; the regulation was clear, predictable, and consistent with prior measures; no legitimate expectation of regulatory stability existed; the differential treatment between commercial and recreational fishing, and within recreational fishing, was objectively justified and proportionate to conservation aims; the restrictions did not violate the freedoms of association or enterprise as any limitation was lawful, proportionate, and in the general interest.

Court Disposition

application dismissed

Orders

  • The application is rejected.
  • IFSUA is ordered to bear its own costs and those of the Council, including interim proceedings.