Dutch Fisheries Secure Win in Electric Pulse Fishing State Aid Case

Cleary Gottlieb represented pro bono the associations Bloom and LIFE, along with a group of European fishermen, in an action against the European Commission for failing to act regarding alleged illegal State aid measures granted by the Kingdom of the Netherlands to Dutch shipowners engaged in fishing with beam trawls combined with the use of pulsed electric current, before the formal interdiction of electric fishing in the EU in July 2021.

The General Court, sitting its Extended Composition formation, found that in its responses to the applicants, the European Commission focused solely on the EFF- and EMFF-related funds, failing to examine the national aid schemes. The court therefore found that the Commission failed to act on the applicant’s complaint.

The ruling, which is one of the few cases where the General Court effectively found that the European Commission failed to act in State aid cases, is a victory for the preservation of the oceans and opens up an important opportunity for renewed discussions with the Commission regarding the need to formally address the Dutch aid measures for electric pulse fishing and take effective action as asked by the applicants since 2021.