Luxembourg, 12/07/2005 (Agence Europe) - The Court of Justice has condemned France to a lump sum payment of EUR 20 million and a six-month penalty payment of EUR 58 million for failure to oversee fishing activities in compliance with Community obligations, and for not having punished those responsible for infringements in an effective and deterrent manner. This is the first time that the Court, at the suggestion of its Advocate General Geelhoed, imposes not only a penalty payment to make a Member State comply with regulations but also a fine for persistent failings in its implementation of Community legislation.
The Court thus interprets in a cumulative manner Article 228 of the Treaty, stipulating that “if the Court of Justice finds that the Member State concerned has not complied with its judgement it may impose a lump sum or penalty payment on it”. Denmark, the Netherlands, Finland and the United Kingdom supported this thesis alongside the Commission whereas France, which objected to the principle of a double penalty, was supported by twelve other Member States including Germany, Ireland, Cyprus and Portugal.
The Commission felt that France, despite a 1991 ruling condemning it, had still not done what was necessary to comply with the minimum size of fish, and Community inspectors were able to record the presence of undersized fish, there being a market for undersized hake in breach of marketing standards. The Court condemns the “structural deficiency [of controls] extending over a period of more than ten years” it stated. Actions designed to change behaviour and mentality among fishermen therefore involve a long process. The Commission also reproached France for the inadequate penalties against fishermen responsible for infringements and above all for an amnesty law for infringements committed before May 2002 (when the fine did not exceed EUR 750). This was confirmed by the Court.