December 02
2021
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Trajan Shipley
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5th October 2021
Consumer, Health & Environment Human Rights

Request for a preliminary ruling on court’s discretion and economic impact in relation to Fisheries Compliance Regulation 1224/2009

Official publication has been made of a request for a preliminary ruling by the Irish Court of Appeal in K.M. v The Director of Public Prosecutions (C-493/21), concerning the discretion, subject to the principle of proportionality, of a sentencing court in respect of forfeiture orders of catch and gear under Regulation 1224/2009.

Specifically, the referring court seeks the interpretation of Article 89 and/or 90 of the Regulation, which concern, respectively, measures to ensure compliance and sanctions for serious infringements of the rules of the common fisheries policy. It asks whether those provisions, together with the principle of proportionality, require sentencing courts to have a discretion to adjust, modulate or mitigate t

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