Дело C-3/87: The Queen/Ministry of Agriculture, Fisheries and Food, ex parte Agegate, Заключение от 18 ноември 1988 г.

1. In deciding whether in Community law a share fisherman is a provider of services or a worker, what are the relevant tests to be applied?
2. Can a Member State, in granting, after the accession of Spain and Portugal to the European Communities, a licence to the owner or charterer of a fishing vessel flying the flag of and registered in that Member State, rely on Articles 55 and 56 of the Act of Accession of Spain and Portugal to the European Communities (which apply only to workers) and require that: (i) 75% of the crew of a fishing vessel registered in that Member State flying its flag be EEC nationals resident on shore in that Member State but excluding until 1 January 1993 any Spanish nationals who are not the spouses or children under 21 of Spanish workers already installed in the Member State issuing the licence; and that (ii) the skipper and all the crew must be making contributions to the social security scheme of that Member State?
3. In any event, is the grant of a licence by a Member State after the accession of Spain and Portugal to the European Communities to the owner or charterer of a fishing vessel registered in that Member State and flying its flag which is subject to the following conditions: (i) the condition that at least 75% of the crew must be (i) nationals of the Member State issuing the licence or EEC nationals (but excluding until 1 January 1993 any Spanish nationals who are not the spouse or children under 21 of Spanish workers already installed in the Member State issuing the licence in accordance with the transitional arrangements on the free movement of workers following the accession of Spain to the Communities provided for in the Treaty of Accession) and (ii) ordinarily resident in the Member State issuing the licence (residence meaning residence on shore not including service aboard a ship of that Member State); (ii) the condition that the skipper and all the crew must be making contributions to the social security scheme of the Member State issuing the licence; compatible with Community law including the common fisheries policy?
4. Can the holder of such a licence rely, in proceedings before a national court, on the incompatibility with Community law of one or other or both of the conditions referred to in Question 3, for the purpose of establishing that the imposition of such conditions or either of them is unlawful and should be quashed?