Regina v Robert Tymen. [1981] EUECJ R-269/80 (16 December 1981)

Regina v Robert Tymen. [1981] EUECJ R-269/80 (16 December 1981)

After the expiry of the transitional period in Article 102 of the Act of Accession, Member States lack power to adopt and enforce fishery conservation measures without appropriate prior consultation with the Commission and in spite of its objections; criminal convictions based on such unlawful national measures are incompatible with Community law.

Citation
[1981] EUECJ R-269/80
Parties
Prosecutor: Regina; Defendant: Robert Tymen
Jurisdiction
European Union
Judgment Date
16 December 1981
Procedural Posture
Reference for a Preliminary Ruling (article 177 EEC Treaty) / Judgment on Preliminary Questions
Outcome
Preliminary ruling issued; Member States lack power to adopt such measures unilaterally after the relevant date; criminal convictions under such measures are incompatible with Community law.
Legal Topics
Division of Powers Between EU and Member States, Common Fisheries Policy, National Measures Contrary to EU Law, Criminal Liability Under Unlawful National Measures
European Union Law Fisheries Law Criminal Law Division of Powers Between EU and Member States Common Fisheries Policy National Measures Contrary to EU Law Criminal Liability Under Unlawful National Measures

Case Brief

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Parties

Regina

Prosecutor

Robert Tymen

Defendant

Procedural Posture

Reference for a Preliminary Ruling (article 177 EEC Treaty) / Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether, after 31 December 1978, Member States retained power to adopt fishery conservation measures without appropriate prior consultation with the Commission and in spite of its objections
  2. 2 Whether individuals may be prosecuted under a national measure found to be contrary to Community law

Ratio Decidendi

After the expiry of the transitional period in Article 102 of the Act of Accession, Member States lack power to adopt and enforce fishery conservation measures without appropriate prior consultation with the Commission and in spite of its objections; criminal convictions based on such unlawful national measures are incompatible with Community law.

Court Disposition

Preliminary ruling issued; Member States lack power to adopt such measures unilaterally after the relevant date; criminal convictions under such measures are incompatible with Community law.