Procurator Fiscal v Andrew Marshall. [1990] EUECJ R-370/88 (13 November 1990)

Procurator Fiscal v Andrew Marshall. [1990] EUECJ R-370/88 (13 November 1990)

Article 19 of Council Regulation (EEC) No 171/83 is valid as it requires compatibility with Community law. The national measure falls within Article 19(2) as it is strictly local, applies only to national fishermen, and is a technical measure. The measure is not discriminatory or disproportionate under Articles 7 or...

Source-derived case information.

Citation
[1990] EUECJ R-370/88
Parties
Defendant: Mr Marshall; Appellant: Procurator Fiscal
Jurisdiction
European Union
Judgment Date
13 November 1990
Procedural Posture
Criminal Appeal With Preliminary Reference / Preliminary Ruling From the High Court of Justiciary to the European Court of Justice
Outcome
Preliminary questions answered; Article 19 of Regulation (EEC) No 171/83 is valid; the national measure is within its scope; no breach of Articles 7 or 40(3) or fundamental principles of Community law.
Legal Topics
Discrimination, Proportionality, Validity of EU Regulations, Conservation of Fishery Resources
European Union Law Criminal Law Fisheries Law Discrimination Proportionality Validity of EU Regulations Conservation of Fishery Resources

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Parties

Mr Marshall

Defendant

Procurator Fiscal

Appellant

Procedural Posture

Criminal Appeal With Preliminary Reference / Preliminary Ruling From the High Court of Justiciary to the European Court of Justice

Legal Issues

  1. 1 Validity of Article 19 of Council Regulation (EEC) No 171/83
  2. 2 Scope of Article 19(2) of Council Regulation (EEC) No 171/83
  3. 3 Compatibility of national conservation measures with Articles 7 and 40(3) of the EEC Treaty and fundamental principles of Community law

Ratio Decidendi

Article 19 of Council Regulation (EEC) No 171/83 is valid as it requires compatibility with Community law. The national measure falls within Article 19(2) as it is strictly local, applies only to national fishermen, and is a technical measure. The measure is not discriminatory or disproportionate under Articles 7 or 40(3) of the Treaty, as it is objectively justified by the need for salmon conservation and does not arbitrarily disadvantage any group. Restrictions on carrying nets are justified and do not infringe the substance of the right to fish.

Court Disposition

Preliminary questions answered; Article 19 of Regulation (EEC) No 171/83 is valid; the national measure is within its scope; no breach of Articles 7 or 40(3) or fundamental principles of Community law.

Orders

  • No factor affects the validity of Article 19 of Council Regulation (EEC) No 171/83.
  • A national measure such as the order in question comes within the scope of Article 19(2) of Council Regulation (EEC) No 171/83.