Administrative, Licences

The Court is asked to invalidate the decision of 12th May 1997 according to which the Minister of Fisheries and Piscatorial Resources revoked a licence to fish shrimps because the applicant did not submit a document that proved that it owned a land in Maintirano for shore-based installations. The claimant argued that there was a violation of article 18 of decree n°94-112 of 18th February 1994 on the organisation of maritime fishing activities that provides that fishing activities must be subject to a prior consultation procedure by the Inter-ministerial Commission for Fisheries. He argued also that there was a violation of article 4 of the Ministerial Decree n°7779/96 of 30 October 1996 that require only the presence of a land, and not land ownership for shore-based installations.

Firstly, the advice of an advisory body does not legally bind the requested party, except the exceptional case where legal or regulatory texts require explicitly that the decision must be adopted after the assent of the Commission.  Therefore, the lack of consultation of the Commission cannot be regarded as a substantial procedural defect.

Secondly, the instruction revels that the claimant did not submit any document proving the presence of a land when she constitutes her application file. The late submission of this document does not make the decision unlawful.
Consequently the Court ruled that the decision is legal.