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Judgment of the Court (Seventh Chamber) of 29 October 2009. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Common fisheries policy - Conservation of resources - Control system in the fisheries sector - Regulation (EC) No 894/97 - Article 11 - Regulation (EEC) No 2241/87 - Article 1(1) and (2) - Regulation (EEC) No 2847/93 - Articles 2(1) and 31(1) and (2) - Prohibition of driftnets - Lack of an effective system of monitoring to ensure compliance with that prohibition. # Case C-249/08.
ECLI:EU:C:2009:672
62008CJ0249
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(Case C‑249/08)
Failure of a Member State to fulfil obligations – Common fisheries policy – Conservation of resources – Control system in the fisheries sector – Regulation (EC) No 894/97 – Article 11 – Regulation (EEC) No 2241/87 – Article 1(1) and (2) – Regulation (EEC) No 2847/93 – Articles 2(1) and 31(1) and (2) – Prohibition of driftnets – Lack of an effective system of monitoring to ensure compliance with that prohibition
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 1(1) of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (OJ 1987 L 207, p. 1) and of Articles 2 and 31(1) and (2) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1) – Inspection and control of fishing vessels and their activities – Measures to be taken in the case of non-compliance with the rules in force – Provisions relating to the retention on board or use of driftnets.
Operative part
The Court: