CJEU Case C-77/20 / Judgment

Criminal proceedings against K. M.
Policy area
Maritime Affairs And Fisheries
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Sixth Chamber)
Type
Decision
Decision date
11/02/2021
ECLI (European case law identifier)
ECLI:EU:C:2021:112
  • CJEU Case C-77/20 / Judgment

    Key facts of the case: 

    Request for a preliminary ruling from Court of Appeal (Ireland).

    Reference for a preliminary ruling – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system for ensuring compliance with the rules of the common fisheries policy – Use on board a fishing vessel of equipment which is capable of automatically grading fish by size – Article 89 – Measures to ensure compliance – Article 90 – Criminal sanctions – Principle of proportionality.

     

    Outcome of the case:    

    On those grounds, the Court (Sixth Chamber) hereby rules:

    Articles 89 and 90 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, read in the light of the principle of proportionality enshrined in Article 49(3) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, subject to the verifications which it is for the referring court to carry out, they do not preclude a national provision which, to penalise a breach of Article 32 of 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, as amended by Regulation (EU) No 227/2013 of the European Parliament and of the Council of 13 March 2013, provides for not only the imposition of a fine but also the mandatory forfeiture of the catches and the prohibited or non-compliant fishing gear found on board the vessel concerned.

  • Paragraphs referring to EU Charter

    1) This request for a preliminary ruling concerns the interpretation of the principle of proportionality, of Article 49(3) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and of Articles 89 and 90 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ 2009 L 343, p. 1).

    ...

    23) The referring court is uncertain whether a national provision which prescribes, as a sanction in the event of a serious infringement of the rules regarding the common fisheries policy, such as the infringement at issue in the main proceedings, the mandatory forfeiture of the catches and the prohibited or non-compliant fishing gear found on board is compatible with Regulation No 1224/2009 and the principle of proportionality enshrined in Article 49(3) of the Charter.

    24) In those circumstances, the Court of Appeal (Ireland) decided to stay the proceedings and to refer the following question to the Court of Justice for a preliminary ruling:

    ‘In the context of the implementation of the Common Fisheries Policy and of the provisions of Article 32 of [Regulation No 850/1998], and in the context of a criminal prosecution taken to enforce the provisions thereof, is a provision of national law which provides on conviction on indictment, in addition to a fine, for the mandatory forfeiture of all fish and all fishing gear found on board the boat to which the offence relates, compatible with the provisions of [Regulation No 1224/2009], and specifically Articles 89 and 90 thereof, and the principle of proportionality under the Treaties … and Article 49(3) of the [Charter]?’

    25) By its question, the referring court asks, in essence, whether Articles 89 and 90 of Regulation No 1224/2009, read in the light of the principle of proportionality enshrined in Article 49(3) of the Charter, must be interpreted as precluding a national provision which, to penalise a breach of Article 32 of Regulation No 850/98, provides for not only the imposition of a fine but also the mandatory forfeiture of the catches and the prohibited or non-compliant fishing gear found on board the vessel concerned.

    ...

    56) In the light of the foregoing, the answer to the question referred is that Articles 89 and 90 of Regulation No 1224/2009, read in the light of the principle of proportionality enshrined in Article 49(3) of the Charter, must be interpreted as meaning that, subject to the verifications which it is for the referring court to carry out, they do not preclude a national provision which, to penalise a breach of Article 32 of Regulation No 850/98, provides for not only the imposition of a fine but also the mandatory forfeiture of the catches and the prohibited or non-compliant fishing gear found on board the vessel concerned.