- The UK was allowed to exclude foreign (including EU) fishermen fishing within 12 miles of the UK up to the end of 1982
- Captain Kirk fished on 6th January 1983
- Later, a regulation was adopted which would allow the UK recourse against Captain Kirk
- Was Captain Kirk’s fishing illegal?
- He could not be penalised retrospectively – at the time of his fishing, it was legal
- This case recognised the principles of legal certainty and non-retroactivity in EU law