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Case 63/83 R V Kirk [1984]

Facts

  • 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

Issue

  • Was Captain Kirk’s fishing illegal?

Decision

  • No

Reasoning

  • 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
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