# C_2008064EN.01000501.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/5 |
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8.3.2008

EN

Official Journal of the European Union

C 64/5

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Judgment of the Court (Second Chamber) of 22 November 2007 — Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v Council of the European Union, Commission of the European Communities and the French Republic

(Case C-6/06 P) (1)

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(Appeal - Non-contractual liability of the Community - Principles of relative stability, legal certainty and legitimate expectations - Admissibility - Appeal in part unfounded and in part inadmissible - Cross appeal - Application to set aside part of the judgment of the Court of First Instance inasmuch as it holds that it is not necessary to rule on a plea of inadmissibility brought against an action which it dismissed as unfounded - No legal interest in bringing proceedings - Res judicata)

Res judicata

(2008/C 64/05)

Language of the case: Spanish

Parties

Appellants: Cofradía de pescadores ‘San Pedro’ de Bermeo and Others (represented by: M. Troncoso Ferrer, abogado)

Appellants:

Other parties to the proceedings: Council of the European Union, (represented by: F. Florindo Gijón and M. Balta, Agents), Commission of the European Communities, (represented by: F. Jimeno Fernández) and the French Republic

Other parties to the proceedings:

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v Council in which the Court dismissed the action for damages to compensate for the loss allegedly suffered by the applicants following the Council's authorisation of the transfer to the French Republic of part of the quota for anchovy allocated to the Portuguese Republic

Cofradía de pescadores ‘San Pedro’ de Bermeo and Others

Council

Operative part of the judgment

The Court:

| 1. | Dismisses the principal appeal, brought by Cofradía de pescadores ‘San Pedro’ de Bermeo and the other applicants, whose names are set out in the Annex to the judgment of the Court of First Instance of the European Communities of 19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v Council; |
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1.

Dismisses the principal appeal, brought by Cofradía de pescadores ‘San Pedro’ de Bermeo and the other applicants, whose names are set out in the Annex to the judgment of the Court of First Instance of the European Communities of 19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v Council;

| 2. | Dismisses the cross appeal brought by the Council of the European Union; |
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2.

Dismisses the cross appeal brought by the Council of the European Union;

| 3. | Orders Cofradía de pescadores ‘San Pedro’ de Bermeo and the other applicants, whose names are set out in the Annex to the judgment of the Court of First Instance of the European Communities of 19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v Council, and the Council of the European Union, to bear their own costs; |
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3.

Orders Cofradía de pescadores ‘San Pedro’ de Bermeo and the other applicants, whose names are set out in the Annex to the judgment of the Court of First Instance of the European Communities of 19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v Council, and the Council of the European Union, to bear their own costs;

| 4. | Orders the Commission of the European Communities to bear its own costs. |
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4.

Orders the Commission of the European Communities to bear its own costs.

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(1)  OJ C 60, 11.3.2006.

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