Press release

Dutch Court rules against free pass for destructive bottom trawling in Marine Protected Areas

11.05.2026

Landmark ruling in marine protection

In a major win for ocean protection, the District Court of The Hague today ruled that Dutch bottom trawlers are no longer allowed to fish without a permit and environmental assessment in the Dutch Dogger Bank protected area - the Netherlands’ largest nature area, also known as ‘the nursery of the North Sea’. The Ministry of Agriculture, Fisheries, Food Security and Nature had allowed destructive trawl fishing in this protected Natura 2000 area by Dutch fishers without permits. According to the court, however, such a blanket exemption is contrary to nature protection legislation. 

Bottom trawling involves dragging large, weighted nets across the seabed to catch species that live near the seafloor, such as cod, hake, shrimp and octopus. It causes habitat destruction and is a disaster for the ocean’s crucial role in storing carbon. It also captures a lot of unintended 'by-catch' - unwanted, non-target fish. This method has severely damaged the Dogger Bank, destroying vast swathes of life, including sharks, rays, long-lived shellfish, sea pens, anemones and corals.

This is the first known ruling in Europe where a court has confirmed that governments have a responsibility to properly regulate the impact of bottom trawling on marine protected areas. It puts further pressure on the European Commission and EU countries to phase out mobile bottom fishing in such protected areas, which has already been pledged in the EU Marine Action Plan. 

The case forms part of a stream of litigation from all corners of Europe over bottom trawling in protected zones – including France, Spain, the Netherlands, Italy, Sweden and Germany - as well as two complaints to the European Commission. 

The ruling is welcomed by environmental organisations Doggerland Foundation, ARK Rewilding Nederland, ClientEarth and Blue Marine Foundation, which brought the case before the court. 

They now call on EU policymakers - and in particular the European Commission - to take heed of this ruling and to:

  • Launch legal action against Member States that continue to allow destructive fishing in marine protected areas, contrary to the requirements of EU nature laws; 

  • Use the upcoming European Ocean Act to set a legally binding deadline to phase out bottom trawling in marine protected areas as soon as possible. 

They also call on European and UK governments to:

  • Acknowledge this ruling that their fishing fleets are subject to a Habitat Directive permit obligation and an appropriate assessment requirement. 

  • Close all Natura 2000 marine protected areas to destructive bottom trawling. 

Emilie Reuchlin, director of Doggerland: "This is fantastic news for the North Sea. Bottom trawling poses a huge threat to the Dogger Bank because it destroys life in and on the seabed, such as sharks, rays, long-lived shellfish, sea pens, anemones and corals. This ruling puts the burden of proof back in place with the Dutch Government: they are legally bound to subject Dutch fisheries to a permit obligation. To receive a permit, an appropriate assessment must prove that fishing activities will not harm marine life within the marine protected area. 

It is a good thing that, after 20 years of campaigning for a ban on trawl fishing, there is finally clarity about the use of the Dogger Bank. The Dutch government is responsible for protecting this nursery and will have to discuss the future with the fishers: if they cannot demonstrate that their activities cause no harm, they will no longer be allowed to fish with trawls in this area."

John Condon, a senior lawyer at ClientEarth said: “This is a landmark legal ruling for ocean protection, which is set to make waves across Europe. The Dutch court has unequivocally confirmed that bottom trawling in protected areas cannot be ignored - ‘protected’ means protected. European decision-makers are on notice that they have a legal responsibility to act now in order to address this serious threat to our ocean’s wellbeing.” 

Karel van den Wijngaard, programme leader for the North Sea at ARK Rewilding Nederland said: "A fundamental point is that nature can recover, but only if we genuinely give it the peace and space to do so. The Dogger Bank is protected on paper, but protection only has meaning if the seabed is actually left undisturbed. This ruling increases the chance for nature to show how resilient it is - a chance for the Dogger Bank to become a rich area for marine life once again."

ENDS

Notes to editors:

Nursery of the North Sea

  • Despite its poor condition, the Dogger Bank is the Netherlands’ largest nature area, and remains known as ‘the nursery of the North sea’. The area is a spawning ground for plaice, herring, whiting and cod, and a feeding ground for harbour porpoises, minke whales, grey seals, gannets, puffins, guillemots, razorbills and other protected seabirds.

  • The protected seabed is a carbon store and therefore also important in the fight against climate change.

Nature restoration as the starting point

  • The North Sea is one of the busiest seas in the world. The cumulative impact of fishing, intensive shipping and energy extraction, pollution and climate change has left the North Sea and protected marine areas in a poor state. The Netherlands has committed to international targets requiring at least 30 per cent of the sea to be effectively protected by 2030.

Real protection for the whole area

  • EU legislation requires marine life in Natura 2000 areas to be able to recover. Britain closed its part of the Dogger Bank to bottom trawling four years ago on the basis of the same legislation. In Germany too, legal proceedings are under way against the government to protect the German part of the Dogger Bank from bottom trawling. Step by step, real protection for the whole area is coming closer.

  • The environmental organisations were supported in this case by lawyer Bondine Kloostra of Prakken d’Oliveira Human Rights Lawyers.

An EU wide problem

  • Last year, environmental NGOs asked the EU Commission to launch infringement actions against the Netherlands, Denmark and Spain over widespread destructive fishing in Marine Protected Areas (MPAs). 

This followed a stream of litigation from all corners of the EU over bottom trawling in protected zones – including France, Spain, the Netherlands, Italy, Sweden and Germany.

Contact details:

George Kontou, Global Communications Officer - gkontou@clientearth.org 

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