Case C-91/03: Action brought on 28 February 2003 by the Kingdom of Spain against the Council of the European Union
Date: 2003-06-07
Institutions: Court of Justice
Subjects: Council of the European Union, Spain, action for annulment (EU), conservation of fish stocks, fishery resources, fishing area, sustainable development

7.6.2003

EN

Official Journal of the European Union

C 135/9

is not possible is the introduction, by publication, of
amendments of the text approved by the legislature since
to do so presupposes a usurpation of its powers.

limits which do not exist either for access by French
vessels to Spanish coastal waters or for access by vessels
of the remaining Member States to the coastal waters of
other Member States.

( 1) OJ L 337, 30.12.1999, p. 10.
( 2) OJ L 358, 31.12.2002, p. 49.

Action brought on 28 February 2003 by the Kingdom of
Spain against the Council of the European Union

(Case C-91/03)

(2003/C 135/13)

— Infringement of the Act of Accession of Spain: following
the abolition of limits on access by Spanish vessels to
waters under French jurisdiction outside the 12-mile zone
upon expiry of the transitional period provided for in the
Act of Accession, there is no justification for maintaining
the 12-mile derogations. There are no specific measures
for access to pelagic species in that zone that might
require special management and, furthermore, catches of
those pelagic species are taken by the same type of vessels
(Cerco).

In short, the maintenance of a restrictive and discriminat-
ory arrangement for access by Spanish vessels to the
waters of
the French 12-mile zone in the Atlantic
beyond the transitional period provided for in the Act of
Accession, and a derogation from equivalent rules on
access to French waters in the Atlantic outside the
12 miles in issue, are contrary to the restrictive and
limited nature required of any exception to a general rule
of the Treaty, a fortiori when what is being limited is a
principle as essential as the principle of non-discrimi-
nation on ground of nationality and, infringes the very
essence of the provisions of an Act of Accession.

An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-
ties on 28 February 2003 by the Kingdom of Spain, represented
by Nuria Díaz Abad, Abogado del Estado, with an address for
service in Luxembourg.

(1) OJ L 358, 31.12.2002, p. 59.
(2) Council Regulation of 20 December 1992 establishing a Com-
fisheries and aquaculture, OJ L 389,

munity system for
31.12.1992, p. 1.

The applicant claims that the Court should:

— annul point 6 of Annex I to Council Regulation 2371/
2002 (1) of 20 December 2002 on the conversation and
sustainable exploitation of fisheries resources under the
Common Fisheries Policy.

— order the Council to pay the costs.

Action brought on 4 March 2003 by the Kingdom of
Spain against the Council of the European Union

Pleas in law and main arguments

— Infringement of

the principle of non-discrimination:
during the negotiations for Regulation 2371/2002, Spain
sought amendment of point 6 of Annex I in order to
remove the restriction applying to its vessels in the 6 to
12 mile zone of the Atlantic waters off France deriving
from the Act of Accession and to balance the conditions
of access to that zone with those enjoyed by French
vessels in Spanish waters. However, the Council decided
to leave point 6 of Annex I unaltered by comparison with
that recognised in Regulation 3760/92 (2) and thus to set

(Case C-100/03)

(2003/C 135/14)

An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-
ties on 4 March 2003 by the Kingdom of Spain, represented
by N. Díaz Abad, Abogado del Estado, with an address for
service in Luxembourg.