Fishing dispute ends up before European Court

A dispute over an EU regulation restricting tuna fishing was yesterday referred to the European Court of Justice in Luxembourg to decide on its validity.

Mr Justice Raymond C Pace made the decision on a request by tuna fishing company AJD Tuna Ltd in an application it filed against the Director of Agriculture and Fisheries and the Attorney General.

The court heard that the company had two fish farms for the rearing of blue fin tuna and was authorised to purchase an annual quota of 3,200 tonnes of this fish to be reared.

In the course of the 2008 fishing season, the European Commission had adopted a regulation (530/2008) governing tuna fishing in the Atlantic Ocean and in the Mediterranean. This banned fishing for tuna with purse seines with effect from June 16, 2008.

The Director of Agriculture and Fisheries subsequently prohibited the company from purchasing and importing blue fin tuna into the country to rear the fish.

The director justified his action on the basis of the EU regulation for, according to the director, the directive covered not only fish caught in EU waters but also fish caught beyond this territory.

AJD Tuna claimed that the EU regulation lacked adequate motivation and had not been necessary for there was no mention of a serious threat to fisheries nor a need for immediate action.

The company added that this regulation ran counter to case law of the European Court of Justice and that it, as a tuna breeder, was entitled to purchase a tonnage of fish that had been authorised previously by the EU.

The company also claimed that the regulation was not proportionate and that it was unreasonable and discriminatory as it gave an advantage to Spanish fishing vessels. Mr Justice Pace said the actions of the director could not be reviewed by the courts until there was a decision by the European Court of Justice as to the validity or otherwise of the regulation complained of.

Jurisdiction as to this validity was vested in the European Court.

The court therefore referred the matter for a decision by the European Court of Justice in Luxembourg.