European Court of Justice ruling on EU Deep-Sea Fisheries Regulation and longlining in vulnerable marine ecosystems

Brussels, June 11, 2025

In a landmark ruling today, the European Court of Justice (ECJ) has upheld the EU’s Deep Sea Fisheries Regulation, rejecting a legal challenge brought by Spain that sought to overturn critical protections for vulnerable marine ecosystems (VMEs) in the Northeast Atlantic. 

The ruling preserves closures to bottom-contact fishing, including bottom trawling and bottom-set longlining, and affirms that existing protections are grounded in both science and law.

The Deep Sea Conservation Coalition (DSCC) welcomed the decision, which confirms the legality of the European Commission’s 2022 implementation of closures to protect deep-sea habitats from the destructive impacts of bottom fishing. These areas include cold-water coral reefs, sponge aggregations, and other fragile habitats essential to ocean biodiversity.

“This ruling affirms that EU deep-sea protection must be grounded in existing law and scientific evidence, not swayed by short-term industry interests,” said Sandrine Polti, DSCC Europe Lead. “It’s a critical victory for the deep sea and for future generations who depend on healthy ocean ecosystems.”

Scientific evidence shows that bottom trawling and other bottom contact gears, such as bottom-set longline fishing, can cause significant damage to deep-sea ecosystems. Bottom-set longlines can break or dislodge cold-water corals and sponges, entangle marine life, and disturb the seafloor, particularly when deployed in areas already identified as VMEs.

Adopted in 2016, the EU Deep-Sea Fisheries Regulation prohibits bottom trawl fishing below 800 meters in EU waters of the Northeast Atlantic for certain fish species and mandates the protection of VMEs from all bottom-contact fishing methods, including bottom trawling and longlining. In 2022, following scientific advice from the International Council for the Exploration of the Sea (ICES), the Commission designated 87 areas as vulnerable marine ecosystems and closed them to bottom-contact fishing

The objections by a handful of Member States, namely Spain and Portugal, concerned closed areas that account for a small fraction of the fishing grounds in EU waters. Still, these objections delayed progress on the next phase of area closures, which aimed to expand protections to additional deep-sea habitats in EU waters.

“This ruling sends a clear signal that the Deep-Sea Fisheries Regulation is not only fit for purpose but must be fully implemented and enforced,” said Matthew Gianni, DSCC Political and Policy Advisor. “Now that we have a definitive ECJ ruling, we call on the European Commission and Member States to proceed without further delay with the new set of closures recommended by the International Council for the Exploration of the Sea (ICES).”

The ruling coincides with the UN Ocean Conference in Nice, where the EU has launched its vision for ocean conservation through the European Ocean Pact. The Court’s decision reinforces the leadership role of the EU in the implementation of international commitments such as the UN Fish Stocks Agreement, UNGA bottom fisheries resolutions and the Convention on Biological Diversity.

Cecilia del Castillo Moro, Fisheries Officer at Ecologistas en Acción commented: “The European Court has unequivocally rejected the arguments brought by Spain and the fishing industry to block further deep sea protections. We now call on the Spanish government to support the full implementation of existing EU requirements to safeguard deep sea ecosystems, key to the health of the ocean and fisheries of the future.”

Gonçalo Carvalho, Executive Coordinator at Sciaena added: “Portugal has for far too long  delayed the advancement of deep sea protections from destructive fishing practices. Today’s ruling is a wake-up call. It’s time for Portugal to meet its responsibilities under EU law and ensure that vital deep-sea habitats are protected, once and for all, benefiting the fishing communities that depend on them. Only then it can rightfully present itself as an international champion for the deep sea”.