# C_2006190EN.01001901.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/19 |
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12.8.2006

EN

Official Journal of the European Union

C 190/19

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Judgment of the Court of First Instance of 13 June 2006 — Boyle and Others v Commission

(Joined Cases T-218/03 to T-240/03) (1)

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(Fishing - Multiannual guidance programmes - Requests to increase the objectives on safety grounds - Decision 97/413/EC - Refusal of the Commission - Actions for annulment - Admissibility - Competence of the Commission)

(2006/C 190/32)

Language of the case: English

Parties

Applicants: Cathal Boyle (Killybegs, Ireland) and the other 22 applicants whose names are set out in the annex to the judgment (represented by: P. Gallagher SC, A. Collins SC and D. Barry, Solicitor)

Applicants:

Defendant: Commission of the European Communities (represented by: G. Braun and B. Doherty, Agents)

Defendant:

Intervener in support of the applicant: Ireland [represented by: D. O'Hagan and C. O'Toole, Agents, and by D. Conlan Smyth, Barrister]

Intervener in support of the applicant:

[represented by:

]

Re:

Annulment of Commission Decision 2003/245/EC of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 m in length overall (OJ 2003 L 90, p. 48), in so far as it rejects the applicants' request to increase the capacity of their vessels

Operative part of the judgment

The Court:

| 1. | Dismisses the applications lodged by Thomas Faherty (T-224/03), Ocean Trawlers Ltd (T-226/03), Larry Murphy (T-236/03) and O'Neill Fishing Co. Ltd (T-239/03); |
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1.

Dismisses the applications lodged by Thomas Faherty (T-224/03), Ocean Trawlers Ltd (T-226/03), Larry Murphy (T-236/03) and O'Neill Fishing Co. Ltd (T-239/03);

| 2. | Annuls Commission Decision 2003/245/EC of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 m in length overall in so far as it applies to the vessels of the other applicants; |
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2.

Annuls Commission Decision 2003/245/EC of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 m in length overall in so far as it applies to the vessels of the other applicants;

| 3. | Orders the Commission to bear its own costs and to pay those incurred by the applicants referred to in paragraph 2; |
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3.

Orders the Commission to bear its own costs and to pay those incurred by the applicants referred to in paragraph 2;

| 4. | Order the applicants referred to in paragraph 1 to bear their own costs; |
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4.

Order the applicants referred to in paragraph 1 to bear their own costs;

| 5. | Orders Ireland to bear its own costs. |
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5.

Orders Ireland to bear its own costs.

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(1)  OJ C 239, 4.10.2003.

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