Judgment of the Court 18 April 2002 In Joined Cases C-61/96, C-132/97, C-45/98, C-27/99, C-81/00 and C-22/01: Kingdom of Spain v Council of the European Union (Fisheries — Regulation laying down limits on and distributing fishing opportunities among Member States — Requirement of relative stability — Fishing quota exchanges — Fishing quota for anchovy — Annulment)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: Council of the European Union, Spain, action for annulment, authorised catch, catch quota, common fisheries policy, fishery management, fishing area, fishing regulations, sea fish, stock

15.6.2002

EN

Official Journal of the European Communities

C 144/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

18 April 2002

1. Annuls note 3 to the 13th heading concerning anchovy in the
Annex to Council Regulation (EC) No 3074/95 of 22 Decem-
ber 1995 fixing, for certain fish stocks and groups of fish
stocks,
the total allowable catches for 1996 and certain
conditions under which they may be fished;

In Joined Cases C-61/96, C-132/97, C-45/98, C-27/99,
C-81/00 and C-22/01: Kingdom of Spain v Council of the
European Union (1)

(Fisheries — Regulation laying down limits on and distribut-
ing fishing opportunities among Member States — Require-
ment of relative stability — Fishing quota exchanges —
Fishing quota for anchovy — Annulment)

2. Annuls note 3 to the 14th heading concerning anchovy in
Annex I to Council Regulation (EC) No 390/97 of 20 Decem-
ber 1996 fixing, for certain fish stocks and groups of fish
stocks,
the total allowable catches for 1997 and certain
conditions under which they may be fished;

(2002/C 144/01)

(Language of the case: Spanish)

3. Annuls note 3 to the 15th heading concerning anchovy in
Annex I to Council Regulation (EC) No 45/98 of 19 December
1997 fixing, for certain fish stocks and groups of fish stocks,
the total allowable catches for 1998 and certain conditions
under which they may be fished;

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-61/96, C-132/97, C-45/98, C-27/99, C-81/
00 and C-22/01, Kingdom of Spain (Agent: R. Silva de
Lapuerta) v Council of the European Union (Agents: J. Carbery
and G.-L. Ramos Ruano), supported by Commission of the
European Communities (Agents: T. van Rijn and J. Guerra
Ferna´ndez, and, subsequently, T. van Rijn, assisted by J. Guerra
Ferna´ndez), the Court, composed of: G. C. Rodrı´guez Iglesias,
President, P. Jann, F. Macken and N. Colneric (Rapporteur)
(Presidents of Chambers), D. A. O. Edward, M. Wathelet,
R. Schintgen, V. Skouris and J. N. Cunha Rodrigues, Judges;
S. Alber, Advocate General; H. von Holstein, Deputy Registrar,
has given a judgment on 18 April 2002, in which it:

4. Annuls note 3 to the 15th heading concerning anchovy in
Annex I
to Council Regulation (EC) No 48/1999 of
18 December 1998 fixing, for certain fish stocks and groups
of fish stocks, the total allowable catches for 1999 and certain
conditions under which they may be fished;

5. Annuls note 2 to the 9th heading concerning anchovy in
Annex I D to Council Regulation (EC) No 2742/1999 of
17 December 1999 fixing for 2000 the fishing opportunities
and associated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for Com-
munity vessels, in waters where limitations in catch are required
and amending Regulation (EC) No 66/98;

C 144/2

EN

Official Journal of the European Communities

15.6.2002

6. Annuls note 2 to the 9th heading concerning anchovy in
Annex I D to Council Regulation (EC) No 2848/2000 of
15 December 2000 fixing for 2001 the fishing opportunities
and associated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for Com-
munity vessels, in waters where limitations in catch are required;

7. Orders the Council of the European Union to pay the costs;

8. Orders the Commission of the European Communities to bear

its own costs.

(1) OJ C 133 of 4.5.1996.

JUDGMENT OF THE COURT

(Sixth Chamber)

23 April 2002

in Case C-290/00 (Reference for a preliminary ruling from
the Vestre Landsret): Niels Nygård v Svineafgiftsfonden,
intervener: Ministeriet for Fødevarer, Landbrug og Fis-
keri (1)

(National levy on pigs — Charge having an equivalent effect
— Internal taxation — Levy scheme authorised by the
Commission as State aid compatible with the common
market — Levy incompatible with provisions of the EC
Treaty other than Articles 92 of the EC Treaty (now, after
amendment, Article 87 EC) and 93 of the EC Treaty (now
Article 88 EC) — Discretion of the national courts)

(2002/C 144/02)

intervener: Ministeriet

Nygård and Svineafgiftsfonden,
for
Fødevarer, Landbrug og Fiskeri, on the interpretation of
Article 9 of the EC Treaty (now, after amendment, Article 23
EC), Article 12 of the EC Treaty (now, after amendment,
Article 25 EC), Article 16 of the EC Treaty (repealed by the
Treaty of Amsterdam), Article 93 of the EC Treaty (now
Article 88 EC), and Article 95 of the EC Treaty (now, after
(Sixth Chamber),
amendment, Article 90 EC),
composed of: N. Colneric, President of the Second Chamber,
acting for the President of the Sixth Chamber, C. Gulmann,
R. Schintgen, V. Skouris (Rapporteur) and J. N. Cunha Rodri-
gues, Judges; J. Mischo, Advocate General; R. Grass, Registrar,
has given a judgment on 23 April 2002, in which it has ruled:

the Court

1. A levy charged by a body established under public law according
to identical criteria on pigs produced in a Member State for
slaughter on the domestic market or for live export to other
Member States, the revenue from which is allocated to activities
benefiting the two types of production, does not fall under the
prohibition of charges having equivalent effect to customs duties
on exports within the meaning of Article 9 of the EC Treaty
(now, after amendment, Article 23 EC), Article 12 of the EC
Treaty (now, after amendment, Article 25 EC) and Article 16
of the EC Treaty (repealed by the Treaty of Amsterdam). Such
a levy may, however, be classified as discriminatory internal
taxation prohibited by Article 95 of the EC Treaty (now, after
amendment, Article 90 EC) if and to the extent to which the
advantages deriving from the use made of its revenue compensate
in part the charge imposed on pigs produced for slaughter in
the Member State concerned, thereby placing at a disadvantage
the production of pigs for live export to other Member States.

2.

The fact that a national levy is intended to finance an aid
scheme authorised by the Commission pursuant to the Treaty
provisions on State aid does not preclude a national court from
examining whether such a levy is compatible with other directly
effective Treaty provisions.

(Language of the case: Danish)

(1) OJ C 246 of 28.8.1999.

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-234/99: Reference to the Court under Article 234
EC by the Vestre Landsret (Denmark) for a preliminary ruling
in the proceedings pending before that court between Niels