Spanish judges as European Union judges: the exchanges of fishing quotas in the Bay of Biscay and the principle of relative stability in the sentences of the Court of Justice of Luxembourg, the National Audience and the Supreme Court
Keywords:
European Union, Fisheries, Principle of Relative Stability, Fishing quota exchanges, Anchovy, Bay of Biscay, Arcachon Accord, Annulment, Non-contractual liabilityAbstract
The Act concerning the conditions of accession of Spain (1986) allocated 90% of the total allowable catches for anchovy in the Bay of Biscay to Spain and 10% to France. According to the Arcachon Accord (1992), Spain transferred 6000 tonnesper year to France in exchange for miniquotas of other species. Associations of Spanish fishers of anchovy impugned the renovation of the Accord in 2003 and required compensation for the damages suffered as result or the Accord (1992-2002). The demands of the Spanish Associations were dismissed after a long judicial process in the Spanish National Audience and the Spanish Supreme Court (2003-2011); the Spanish judges had to apply European Union Law (jurisprudence of the EU Court of Justice; the principle of relative stability; fishing quota exchanges) and national law (agreement without consideration, compensation for damages caused by public services).Downloads
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