Action brought on 29 March 2022 — Kingdom of Spain v Council of the European Union

(Case C-224/22)

(2022/C 207/29)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: J. Rodríguez de la Rúa Puig, acting as Agent)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court of Justice should:

— annul Council Regulation (EU) 2022/110 (1) of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas with regard to the establishment of (i) the maximum allowable fishing effort for longliners of European hake (Merluccius merluccius) and red mullet (Mullus barbatus) in Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (geographical sub-areas (‘GSAs’) 1-2-5-6-7) set out in Annex III (c); and (ii) the maximum catch limits for red shrimp (Aristeus antennatus) in Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1-2-5-6-7) set out in Annex III (e);

— order the Council of the European Union to pay the costs.

Pleas in law and main arguments

First plea:

The setting of the maximum allowable fishing effort for longliners of European hake and red mullet in GSAs 1-2-5-6-7:

(1) is not reasoned in accordance with the requirements of Article 7(5) of Regulation 2019/1022 (2) in so far as the scientific advice from which significant catches of a particular stock are derived has not been determined;

(2) in the alternative, (i) is contrary to Article 7(5) of Regulation 2019/1022 in so far as the scientific advice examined by the Kingdom of Spain shows no significant catches of a particular stock and (ii) is disproportionate, in that it is manifestly inappropriate for the purposes of attaining the objective of Regulation 2019/1022 since it does not comply with the requirement of scientific advice or the coherent implementation of the common fisheries policy (CFP) in all three of its environmental, economic and social dimensions; and it is not necessary for there to be other alternative measures implemented in order to achieve that objective (closures and increase in the selectivity of trawl gear).

Second plea:

The setting of a specific maximum catch limit for red shrimp in GSAs 1-2-5-6-7;

(1) is not reasoned in accordance with the requirements of Article 7(3)(b) of Regulation 2019/1022 in so far as the scientific advice on the need to adopt this conservation measure has not been determined;

(2) in the alternative, (i) is contrary to Article 7(3)(b) of Regulation 2019/1022 in so far as recourse to the measure was not provided for in that Regulation and the scientific advice examined by the Kingdom of Spain shows no significant need to adopt that conservation measure: and (ii) is disproportionate, in that it is manifestly inappropriate for the purposes of attaining the objective of Regulation 2019/1022, since it does not comply with the requirement of scientific advice and overlaps with other conservation measures; and it is not necessary for there to be other alternative measures implemented in order to achieve that objective (closures, minimum sizes and increase in the selectivity of trawl gear).

(1) Council Regulation (EU) 2022/110 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas. (OJ 2022 L 21, p. 165).

(2) Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014. (OJ 2019 L 172, p. 1).