Maltese Courts have made their first reference to the European Court of Justice to seek direction on interpretation of EU law with regards to a decision taken by the European Commission to end the blue-fin tuna fishing season in 2008. The European Commission took their decision on the basis of claims of over-fishing by EU fishermen. Various Maltese tuna ranchers complained of suffering huge commercial losses as a result of this decision and one rancher, ADJ Tuna Ltd. Went as far as instituting proceedings against the Commission and also turned to Maltese Courts.
The reference by the Maltese Courts to the ECJ includes 10 technical questions on the interpretation of EU legislation in order to be able to decide on the case at hand. The questions deal mainly with the validity of the instructions of the Commission to close the tuna fishery last year.
A representative of the ECJ held that since Malta became part of the EU, there have been 10 cases of infringement brought against Malta dealt by the ECJ, however the Maltese court has never till now requested a ruling on the case.
The ECJ has the jurisdiction to deliver preliminary rulings on the interpretation and validity of EU treaties and acts of European institutions and the ECB. The ECJ answers the questions posed by the national court then the national court uses these answers when deciding the case before it.