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Title:
The Fagrimuli Case
Party:
Iceland
Region:
Europe
Type of document:
National - higher court
Date of text:
March 20, 2003
Data source:
InforMEA
Court name:
Hæstiréttur Íslands
Seat of court:
Re
Reference number:
Nr. 473/2002
ECOLEX subject(s):
Sea
Fisheries
Abstract:

Two fishermen had worked during the period used as a basis for catch quotas. When they took up fishing through their company, Fagrimuli they bought a fishing vessel that was not accompanied by any catch quota. Despite not having sufficient quota entitlement, they engaged in fisheries for which quotas were necessary. Thus they were charged with violating the rules of the catch quota system.

The defendants were of the opinion that they were not violating any provisions of Icelandic law, and meant that the quota rules violated the constitutional freedom of equality and the rule of equality.

The Supreme Court, with reference to the Vatneyri case (Case no. 473/2002), convicted the defendants and upheld the provisions of the Fisheries Management Act (No. 38/1990), meaning that they were constitutionally valid.

The two fishermen later took the case before the United Nations Human Rights Committee, which, in communication No. 1306/2004 of Erlingur Sveinn Haraldsson and Örn Snævar Sveinsson versus the Icelandic State, among other things pointed out that the fishing grounds around Icelands were, in accordance with Icelandic law, the common property of the Icelandic nation and that the quota systems was not equal.