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Case C-683/16: Judgment of the Court (Third Chamber) of 13 June 2018 (request for a preliminary ruling from the Verwaltungsgericht Köln — Germany) — Deutscher Naturschutzring, Dachverband der deutschen Natur- und Umweltschutzverbände eV v Bundesrepublik Deutschland (Reference for a preliminary ruling — Common Fisheries Policy — Regulation (EU) No 1380/2013 — Article 11 — Conservation of marine biological resources — Protection of the environment — Conservation of natural habitats and of wild fauna and flora — Exclusive competence of the European Union)
ECLI:EU:UNKNOWN:62016CA0683
62016CA0683
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(Case C-683/16) (*1)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Deutscher Naturschutzring, Dachverband der deutschen Natur- und Umweltschutzverbände eV
Defendant: Bundesrepublik Deutschland
Operative part of the judgment
1.Article 11 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC must be interpreted as meaning that it precludes a Member State from adopting, with respect to the waters under their sovereignty or jurisdiction, the measures which are necessary in order for it to meet its obligations under Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and which completely prohibit, in Natura 2000 areas, commercial fishing using gear which touches the sea bed and fixed nets, since such measures affect fishing vessels flying the flag of other Member States.
2.Article 11(1) of Regulation No 1380/2013 must be interpreted as meaning that it precludes the adoption, by a Member State, of measures such as those at issue in the main proceedings, with respect to the waters under its sovereignty or its jurisdiction, which are necessary in order for it to meet its obligations deriving from Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.
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(*1) OJ C 104, 3.4.2017.