EuGH · C-249/07 · 04.12.2008 · ECLI:EU:C:2008:683
Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil obligations – Infringement of Articles 28 EC and 30 EC – System of prior authorisation for the planting of oysters and mussels from other Member States in Netherlands coastal waters. Operative part Operative part The Court: 1. Declares that, by instituting a system of prior authorisation for the planting, in Netherlands coastal waters, of oysters and mussels coming lawfully from other Member States and being of species native to the Netherlands, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 28 EC and 30 EC; 2. Orders the Kingdom of the Netherlands to pay the costs.