15.8.2008

EN

Official Journal of the European Union

C 209/25

(Case C-232/08)

(2008/C 209/37)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: T. van Rijn and K. Banks, acting as Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

—Declare that, by allowing fishing vessels to have a higher engine power than permitted under Article 29(2) of Regulation (EC) No 850/98, has failed to fulfil its obligations under Article 23 of Regulation (EC) No 2371 and Article 2(1) of Regulation (EEC) No 2847/93;

—order Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

The Commission considers that the Netherlands Government has failed to fulfil its obligations, as it has consciously allows infringements of the rule regarding the maximum engine power with which fishing may be carried out in the ‘plaice box’.

First, it is apparent from the information provided by the Netherlands Government that it permits Netherlands ‘Eurokotters’ participating in the private arrangement to satisfy the maximum permitted engine power of 300 hp only with effect from 1 May 2009. Second, it is apparent from this information that when monitoring compliance with this rule a margin of tolerance of 12,5 % is applied systematically and therefore penalties are not imposed on infringements of the maximum permitted engine power within that margin.

Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ 1998 L 125, p. 1).

Council Regulation of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2002 L 358, p. 59).

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).