Abstract
The judgement by the Court of Justice of the EU in Case C-733/19 dismissed the request of the Kingdom of Netherlands to reverse the ban on pulse fishing to take effect in July 2021. The decision is concerned with the integration of inconclusive scientific evidence into policymaking as well as the application of the precautionary principle and the role of innovation in fisheries policy. The article reviews the factual background underlying the legal dispute and analyses the key aspects of the judgement relating to these issues. The case is a reminder of the obligation to base legislation on available scientific evidence, but also that a plurality of scientific knowledge is possible and that decisions may ultimately be informed also by other factors, such as values and ethical considerations. The case confirms that the precautionary approach applies to fisheries policy but could not be invoked to justify the introduction of fishing gear, whose impact and environmental benefit is uncertain. Finally, there is legal scope to pursue innovation in fisheries and the introduction of innovative fishing gear in particular, but this needs to support the principal goal of the long-term sustainability of fisheries.
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