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Supreme Court of Denmark

Violation of ban on fishing – refusal of request for a preliminary ruling 

Case no. 82/2015

Order made on 26 August 2015

The Public Prosecutor

Refusal of a request for reference of questions for a preliminary ruling to the EU Court of Justice concerning the interpretation of the Basic Regulation and the Regulation on Technical Measures

T1-T3 had been convicted by the District Court and High Court for violation of a ban 

on fishing in a specific area of the Kattegat located in Swedish waters, cf. Ministerial Order no. 391 of 16 April 2010. The case concerned the issue of whether the Order was in contravention of EU law.

During the pre-trial stage before the Supreme Court, T1-T3 requested that questions be referred for a preliminary ruling to the EU Court of Justice regarding the interpretation of Article 10 of the Basic Regulation and Article 46 of the Regulation on Technical Measures.

The Supreme Court refused the request on the grounds that there was no reasonable doubt as to the interpretation of the relevant EU law that justified referring questions to the EU Court of Justice.

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