# C_2015155EN.01001701.xml

| 11.5.2015 | EN | Official Journal of the European Union | C 155/17 |
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11.5.2015

EN

Official Journal of the European Union

C 155/17

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Action brought on 13 March 2015 — Kingdom of Spain v Council of the European Union

(Case C-128/15)

(2015/C 155/19)

Language of the case: Spanish

Parties

Parties

Applicant: Kingdom of Spain (represented by: L. Banciella Rodríguez-Miñón y A. Rubio González, acting as Agents)

Applicant:

Defendant: Council of the European Union

Defendant:

Form of order sought

Form of order sought

The Kingdom of Spain claims that the Court should:

| — | annul the contested measure, and |
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—

annul the contested measure, and

| — | order the Council to pay the costs. |
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—

order the Council to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | Infringement by the Council of its margin of discretion in fixing fishing opportunities for 2015 and 2016 in Article 3 of Regulation No 1367/2014
   (1)
  and Part 2 of the Annex thereto for the species roundnose grenadier (RNG — Coryphaenoides rupestris) in zones Vb, VI and VII, and roughhead grenadier (RHG — Macrourus berglax) in zones VIII, IX, X, XII and XIV, which undermines the relative stability of historical catches of the species roughhead grenadier by the Kingdom of Spain. |
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1.

Infringement by the Council of its margin of discretion in fixing fishing opportunities for 2015 and 2016 in Article 3 of Regulation No 1367/2014
   (1)
  and Part 2 of the Annex thereto for the species roundnose grenadier (RNG — Coryphaenoides rupestris) in zones Vb, VI and VII, and roughhead grenadier (RHG — Macrourus berglax) in zones VIII, IX, X, XII and XIV, which undermines the relative stability of historical catches of the species roughhead grenadier by the Kingdom of Spain.

Infringement by the Council of its margin of discretion in fixing fishing opportunities for 2015 and 2016 in Article 3 of Regulation No 1367/2014

1

and Part 2 of the Annex thereto for the species roundnose grenadier (RNG — Coryphaenoides rupestris) in zones Vb, VI and VII, and roughhead grenadier (RHG — Macrourus berglax) in zones VIII, IX, X, XII and XIV, which undermines the relative stability of historical catches of the species roughhead grenadier by the Kingdom of Spain

| 2. | Compliance with the principle of proportionality. Regulation No 1367/2014 is manifestly disproportionate with regard to the fixing of the combined TAC for the two species of grenadier in zones V, VI and VII on the one hand, and for zones VIII, IX, X, XII and XIV on the other. |
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2.

Compliance with the principle of proportionality. Regulation No 1367/2014 is manifestly disproportionate with regard to the fixing of the combined TAC for the two species of grenadier in zones V, VI and VII on the one hand, and for zones VIII, IX, X, XII and XIV on the other.

Compliance with the principle of proportionality

| 3. | Infringement of the principle of equal treatment. The principle of non-discrimination has been infringed in the fixing of a combined TAC for the two species of grenadier, since in comparison with the cases referred to, the principle of relative stability was not complied with and the TAC was imposed unilaterally by the European institutions without taking account of Spain’s legitimate demands. |
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3.

Infringement of the principle of equal treatment. The principle of non-discrimination has been infringed in the fixing of a combined TAC for the two species of grenadier, since in comparison with the cases referred to, the principle of relative stability was not complied with and the TAC was imposed unilaterally by the European institutions without taking account of Spain’s legitimate demands.

Infringement of the principle of equal treatment

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(1)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ 2014 L 366, p. 1).

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