Case C-330/22 Against Overfishing in the EU: The Future of Fish Resources in the Hands of Luxembourg?

Abstract This analysis critically reviews the judgment of the Court of Justice of the European Union (CJEU) in Case C-330/22 Friends of the Irish Environment v. Ireland of 11 January 2024. The judgment followed a preliminary reference by the High Court of Ireland concerning the validity of Annex IA of Council Regulation 2020/123 on fishing opportunities in the North-East Atlantic for the year 2020. This ruling was a unique opportunity for the CJEU to clarify the management of an important common good, fish stocks, in European Union (EU) waters. The Opinion of Advocate General Tamara Ćapeta provides an ambitious interpretation of Article 2(2) of the Common Fisheries Policy (CFP) Basic Regulation, favouring a more cautious and sustainable exploitation of this resource. Yet the CJEU disregarded her Opinion, interpreting this provision less strictly and giving a limited discretion to the Council of the EU when setting certain fishing limits. This judgment, however, is not an open door to overfishing; rather, it opens the door to more fisheries litigation due to its failure to provide a comprehensive interpretation of the objectives of the CFP.