Fitzpatrick & anor v Minister for Agriculture Food and the Marine & anor (Approved) (Rev 2) [2020] IESC 50 (31 July 2020)

Fitzpatrick & anor v Minister for Agriculture Food and the Marine & anor (Approved) (Rev 2) [2020] IESC 50 (31 July 2020)

The law is not acte clair regarding whether the Authority may use alternative data sources or methods when logged data is unreliable; the interpretive issue is central and unresolved, necessitating a reference to the CJEU for a preliminary ruling.

Citation
[2020] IESC 50
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Judgment Date
31 July 2020
Procedural Posture
Appeal / Decision to Refer Preliminary Questions to CJEU
Outcome
Reference to the CJEU ordered
Legal Topics
Preliminary Reference, Interpretation of EU Regulations, Data Reporting Obligations, Common Fisheries Policy
European Union Law Fisheries Law Administrative Law Preliminary Reference Interpretation of EU Regulations Data Reporting Obligations Common Fisheries Policy

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Appeal / Decision to Refer Preliminary Questions to CJEU

Legal Issues

  1. 1 Whether the Single Control Authority is limited to notifying only logged data under Articles 14 and 15 of the Control Regulation or may use scientifically valid methods to adjust data when it is believed to be unreliable
  2. 2 Whether the Authority can lawfully use other data sources such as fishing licenses, authorisations, VMS data, landing declarations, sales notes, and transport documents for notification purposes

Ratio Decidendi

The law is not acte clair regarding whether the Authority may use alternative data sources or methods when logged data is unreliable; the interpretive issue is central and unresolved, necessitating a reference to the CJEU for a preliminary ruling.

Court Disposition

Reference to the CJEU ordered

Orders

  • Two questions referred to the CJEU regarding the interpretation of Articles 33(2)(a) and 34 of the Control Regulation and the Authority's ability to use alternative data sources; parties to make observations on the draft reference within seven days.