ClientEarth and Oceana take Spain’s inaction over illegal fishing threat in West Africa to Supreme Court
Press Release Date: March 17, 2026
Location: Madrid
Contact:
Irene Campmany | email: icampmany@oceana.org | tel.: +34 682 622 245
ClientEarth and Oceana have appealed before Spain’s Supreme Court after authorities declined to investigate Spanish vessels suspected of illegal fishing in West African waters.
The case, now being appealed from the Superior Court of Madrid, focuses on vessels owned by Spanish companies but operating under foreign flags in the waters of Senegal and Guinea Bissau. Despite alleged infringements of breaches of fisheries laws, Spanish authorities refused to open investigations. ClientEarth and Oceana initiated legal action in April 2025.
Spain only takes action against Spanish-owned vessels flying non-EU flags and operating in other countries when those vessels have already been added to illegal fishing blacklists. This means Spain fails to act earlier, either before the illegal activity occurs or in cases involving illegal fishing by Spanish-owned vessels that do not appear on illegal fishing blacklists. This interpretation of the rules creates a dangerous loophole in the EU’s efforts to stop illegal fishing.
Nils Courcy, ClientEarth senior lawyer, said: “Interpreting the rules so narrowly would mean that hundreds of vessels flying non-EU flags, but backed by European financial interests, could fish illegally without being challenged. This contradicts EU laws and undermines the system designed to prevent illegal, unreported and unregulated fishing. The Supreme Court should therefore bring Spanish law in line with EU rules and objectives.”
Ignacio Fresco Vanzini, Senior Policy Advisor at Oceana, said: “When Spain refuses to investigate companies that own fishing vessels operating under foreign flags, it sends a dangerous signal: that responsibility stops at the flag. This loophole encourages reflagging to countries with weaker oversight and puts honest fishers and coastal communities at risk. Ensuring that all vessels tied to Spanish financial interests are held to the same standards is essential to maintain a level playing field and prevent illegal fishing.”
The failure to investigate companies that own vessels operating in third countries is not just a technical matter. Illegal fishing in West African waters threatens fish stocks already at risk, threatening the food security, jobs and economic stability of the coastal communities that depend on them. When enforcement falls short, these communities bear the consequences.
Weak monitoring also makes it harder to prevent illegal fishing in the first place. This not only distorts fair competition but also undermines the European Union’s ambition to lead the global fight against illegal fishing, reflected in the strict sustainability standards it imposes on seafood imports from non-EU countries.
The risks are greater because Senegal received a yellow card from the European Commission in 2024 for serious failings, including weak port controls. In this context, Spain’s refusal to investigate vessels linked to Spanish interests makes it far more likely that illegal activities will go undetected.
In their appeal, ClientEarth and Oceana ask Spain’s Supreme Court to confirm that EU Member States must act to prevent illegal fishing, even before vessels are formally added to illegal fishing blacklists. The Supreme Court’s ruling will help define how Member States interpret and implement their monitoring and enforcement responsibilities under the EU’s illegal fishing framework.
