Order of the Court (Fourth Chamber) of 6 February 2003 in Case C-492/01 P: Dieckmann & Hansen GmbH v Commission of the European Communities (Commission Decision 1999/244/EC of 26 March 1999 amending Decision 97/296/EC drawing up the list of third countries from which the import of fishery products is authorised for human consumption — Prohibition on the importation of caviar from Kazakhstan — Non-contractual liability of the Community — Appeal partly manifestly inadmissible and partly unfounded)
Date: 2003-06-07
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), Kazakhstan, action for annulment (EU), fishery product, human nutrition, import, import restriction, third country

7.6.2003

EN

Official Journal of the European Union

C 135/7

obligations under that directive, the Court (First Chamber),
composed of: M. Wathelet (Rapporteur), President of the
Chamber, P. Jann and A. Rosas, Judges; J. Mischo, Advocate
General; R. Grass, Registrar, has given a judgment on 10 April
2003, in which it:

— the Court (Fourth Chamber), composed of C.W.A. Timmer-
mans, President of Chamber, D.A.O. Edward and S. von Bahr
(Rapporteur), Judges; P. Léger, Advocate General; R. Grass,
Registrar, made an order on 6 February 2003, the operative
part of which is as follows:

1. Declares that, by failing to adopt, within the prescribed period,
all the laws, regulations and administrative measures necessary
to comply with Directive 98/8/EC of the European Parliament
and of the Council of 16 February 1998 concerning the placing
of biocidal products on the market, the French Republic has
failed to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

( 1) OJ C 131 of 1.6.2002.

1.

The appeal is dismissed.

2. Dieckmann & Hansen GmbH is ordered to pay the costs.

(1) OJ C 44, 16.2.2002.

ORDER OF THE COURT

(Fourth Chamber)

of 6 February 2003

in Case C-492/01 P: Dieckmann & Hansen GmbH v
Commission of the European Communities (1)

(Commission Decision 1999/244/EC of 26 March 1999
amending Decision 97/296/EC drawing up the list of third
countries from which the import of fishery products is
authorised for human consumption — Prohibition on the
importation of caviar from Kazakhstan — Non-contractual
liability of the Community — Appeal partly manifestly
inadmissible and partly unfounded)

(2003/C 135/10)

(Language of the case: German)

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

In Case 492/01 P: Dieckmann & Hansen GmbH, established in
Hamburg (Germany), represented by H.-J. Rabe, lawyer —
appeal against the judgment of the Court of First Instance of
the European Communities, Fifth Chamber, of 23 October
2001 in Case T-155/99 Dieckmann & Hansen v Commission
[2001] ECR II-3143, seeking to have that judgment set aside,
the other party to the proceedings being Commission of the
European Communities (Agents: G. Berscheid and M. Niejhar)

Action brought on 27 February 2003 by the Kingdom of
Spain against the Council of the European Union

(Case C-87/03)

(2003/C 135/11)

An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-
ties on 27 February 2003 by the Kingdom of Spain, represented
by Nuria Díaz Abad, Abogado del Estado, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— annul Council Regulation (EC) No 2341/2002 (1) of
20 December 2002 fixing for 2003 the fishing oppor-
tunities and associated conditions for certain fish stocks
and groups of fish stocks, applicable in Community
waters and, for Community vessels, in waters where catch
limitations are required, in so far as it allocates certain
quotas to the Spanish fleet in the Community waters of
the North Sea and the Baltic Sea, and

— order the Council to pay the costs.

Pleas in law and main arguments

— Infringement of the principle of non-discrimination: on
completion of the transitional period on 31 December
2002, the situation of Spanish fishermen is the same as
that of fishermen of the remaining Member States and
they should enjoy equal access to waters and resources.
However, by the contested regulation, Spanish fishermen
are treated differently, since they are not allowed to fish
in the waters of the North Sea and the Baltic Sea for
virtually all the species subject to quotas.