# C_2008285EN.01002501.xml

| 8.11.2008 | EN | Official Journal of the European Union | C 285/25 |
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8.11.2008

EN

Official Journal of the European Union

C 285/25

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Appeal brought on 14 August 2008 by Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O'Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd, Colmcille Fishing Ltd against the order of the Court of First Instance (Seventh Chamber) delivered on 2 June 2008 in Case T-172/07 Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O'Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd, Colmcille Fishing Ltd v Commission of the European Communities

(Case C-372/08 P)

(2008/C 285/40)

Language of the case: English

Parties

Appellants: Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O'Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd, Colmcille Fishing Ltd (represented by: G. Hogan SC, N. Travers BL, T. O'Sullivan BL, D. Barry, Solicitor)

Appellants:

Other parties to the proceedings: Commission of the European Communities, Kingdom of Spain

Other parties to the proceedings:

Form of order sought

The applicants claim that the Court should:

| — | set aside the order of the Court of First Instance in its entirety; |
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set aside the order of the Court of First Instance in its entirety;

| — | remit the case to the Court of First Instance for judgment on the substance of the application, the balance of the objection of inadmissibility of the Commission of 7 September 2007 to be reserved for the said decision on the merits; |
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remit the case to the Court of First Instance for judgment on the substance of the application, the balance of the objection of inadmissibility of the Commission of 7 September 2007 to be reserved for the said decision on the merits;

| — | order the Commission to pay the costs incurred by the appellants in respect of this appeal. |
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order the Commission to pay the costs incurred by the appellants in respect of this appeal.

Pleas in law and main arguments

The appellants base this appeal on three alleged infringements of Community law made in the order under appeal. The appellants submit that the Court of First Instance has, firstly, misconstrued Article 20 of Regulation No 2371/2002 (1) and, in particular, the scope of the residual powers of Member States under Article 20(3) thereof. Secondly, it has misconstrued Article 20(5) in relying upon the possibility of inter-Member State quota exchanges to exclude direct concern for the appellants. Lastly, it has erroneously ignored the fact that the appellants are directly concerned, as a closed group of individuals, by the contested regulation.

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(1)  Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, p. 59).

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