Anklagemyndigheden v Peter Michael Poulsen and Diva Navigation Corp.. (Fisheries) [1992] EUECJ C-286/90 (24 November 1992)

Anklagemyndigheden v Peter Michael Poulsen and Diva Navigation Corp.. (Fisheries) [1992] EUECJ C-286/90 (24 November 1992)

Article 6(1)(b) of Regulation 3094/86 applies to non-member vessels only when in the inland waters or ports of a Member State; the vessel's registration and not the nationality of crew or owner determines jurisdiction; confiscation of cargo is permissible only in those circumstances; no EU rules exempt vessels in...

Source-derived case information.

Citation
[1992] EUECJ C-286/90
Parties
Prosecutor: Anklagemyndigheden (Danish Public Prosecutor); Defendant: Peter Michael Poulsen; Defendant: Diva Navigation Corp.
Jurisdiction
European Union
Judgment Date
24 November 1992
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From National Court (kriminal Og Skifteret, Hjoerring)
Outcome
Preliminary ruling issued; interpretation of Regulation 3094/86 provided to national court.
Legal Topics
Interpretation of Council Regulation (eec) No 3094/86, Jurisdiction Over Vessels, Confiscation of Cargo, Application of EU Law to Non Member Vessels, Distress Situations in Ports
European Union Law International Law Criminal Law Fisheries Law Interpretation of Council Regulation (eec) No 3094/86 Jurisdiction Over Vessels Confiscation of Cargo Application of EU Law to Non Member Vessels +1 more

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Parties

Anklagemyndigheden (Danish Public Prosecutor)

Prosecutor

Peter Michael Poulsen

Defendant

Diva Navigation Corp.

Defendant

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From National Court (kriminal Og Skifteret, Hjoerring)

Legal Issues

  1. 1 Does Article 6(1)(b) of Regulation 3094/86 apply to masters/crew who are EU nationals on non-EU vessels?
  2. 2 Can a vessel registered in a non-member country be treated as a Member State vessel due to genuine links?
  3. 3 In which maritime zones does Article 6(1)(b) apply to non-member vessels?

Ratio Decidendi

Article 6(1)(b) of Regulation 3094/86 applies to non-member vessels only when in the inland waters or ports of a Member State; the vessel's registration and not the nationality of crew or owner determines jurisdiction; confiscation of cargo is permissible only in those circumstances; no EU rules exempt vessels in distress, so national courts must apply international law.

Court Disposition

Preliminary ruling issued; interpretation of Regulation 3094/86 provided to national court.

Orders

  • A vessel registered in a non-member country may not be treated as a Member State vessel for Regulation 3094/86 purposes based on genuine links.
  • Article 6(1)(b) does not apply to master/crew as EU nationals regardless of vessel registration or location.