A breakdown in EU discipline?
By Stephen Mulvey
BBC News
There seems to be an epidemic of rule-breaking in the European Union.
France has been catching undersize fish, and fined millions of euros.
Italy is in trouble for running a budget deficit that violates even the new, "flexible" stability and growth pact.
Greece has been told off for cooking its books in order to enter the eurozone.
And Spain faces a big fine this year if its rivers and lakes continue to breach bathing water quality standards.
Statistics show the number of cases in which countries were hauled before the European Court of Justice for failing to fulfil their obligations jumping by nearly a quarter between 2000 and 2003.
Meanwhile, the European Commission started 2,709 actions against member states in 2003, 15% up on 2002.
French counter-attack
The fine imposed on France by the European Court of Justice was the biggest yet - 20m euros ($24.2m) plus an additional 58m euros for every six months it continues to allow fishermen to catch small fish.
But the men in charge of French fishing have hardly sounded contrite.
"Tonnes upon tonnes of small fish are unloaded in Spain, Portugal," Pierre-Georges Dachicourt of France's National Fisheries Committee (CNPMEM) told France Info radio.
"There is fishing over and above the quotas in Scotland, Britain and elsewhere, and you never hear anything about it. People always point the finger at France."
The idea that France is being unfairly singled out does not really hold water.
It's true that there are infringements in every country - Spanish and Italian fishermen had the worse records in 2003 - but the reason France was penalised was that it had failed to enforce EU fishing law effectively over many years.
The European Court of Justice first ruled that the French authorities had failed to prevent the catching of undersize fish back in 1991.
The European Commission then tried to persuade France to resolve the problem for nine years, before taking the case back to the court.
"France has drawn things out for an incredibly long time, and the court's judgement reflects its frustration," says Richard Whitman, of the UK's Royal Institute of International Affairs.
"There were powerful national interests that made it difficult for France to respond in the way that it should have done.
"Also, in many countries there is a bit of a disconnect - they don't treat a judgement by the Court of Justice in quite the same way that a US state would treat a judgement by the US Supreme Court. The institution does not have that much clout."
In effect, France defied the court in the same way that it and Germany later defied the eurozone stability and growth pact.
At a time when the EU is seeking to connect with citizens - and Dutch voters cited the collapse of the stability and growth pact as a reason for rejecting the EU constitution - the court decision is good news for Brussels.
"It shows member states that they will no longer be able to persistently ignore the rules unless they are prepared to pay a heavy financial price for it," says European Commission fisheries spokeswoman, Mireille Thom.
"This ruling will no doubt have an impact on member states' application of European Union rules."
Enlargement
Greece was the first country to be fined by the Court of Justice, in 2000, for failing to close a tip that had been judged to be breaching rules on toxic waste disposal eight years earlier.
It was ordered to pay 20,000 euros a day until the tip, on the island of Crete, was closed. When this finally happened, the bill had reached 5.4m euros.
Next in line was Spain. The court ruled in November 2003 that it had not done enough to improve inland bathing water quality, despite a 1998 ruling which found that the EU bathing water directive was not being properly implemented.
For every 1% of inland bathing areas in breach of permissible limits on water cleanliness, the country has to pay 624,000 euros, starting in 2005.
Cases where fines may be imposed are currently pending against Ireland, Italy, France, Germany and Luxembourg.
COUNTRIES FACING FINES
Ruled against: Greece (2000), Spain (2003), France (2005)
Cases pending: Ireland, Italy, France, Germany, Luxembourg
But experts say that if you ignore the stability and growth pact, there is no breakdown in discipline in the EU, despite appearances.
One reason for the rise in cases before the Court of Justice is enlargement - the round that took place in 1995 rather than 2004.
Austria, Finland and Sweden were treated gently by the commission for the first few years, and it is only now that cases against them are piling up.
Another factor is the increasing amount of EU law. The more there is, the more areas there are where member states can be found wanting.
Also, most cases handled by the European Court of Justice date back many years, so they do not reflect new trends.
The slow pace of European justice is the main reason why France was never fined for illegally banning British beef between 1999 and 2002.
The ban was lifted after the European Commission asked the court to impose a fine of 160,000 euros per day, but before the court had reached a decision.