Luxembourg, 07/07/2006 (Agence Europe) - France is appealing to the European Court of First Instance against the European Commission's 1 March 2006 decision to fine it EUR 57,761,250 (see EUROPE 9142) following a European Court of Justice ruling in July 2005 for failing to meet its duties in terms of monitoring the fishing of undersized hake. France argues that the Commission does not have the power to issue the fine. The French government argues that its right to defence was not respected because the French authorities did not have the opportunity to explain their behaviour. France also argues that in any case, in light of the monitoring measures it has been implementing since the Court of Justice ruled that it should be fined, the European Commission should not have set such high a fine.