Removal from the register of Case C-256/03
Date: 2004-12-04
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, animal life, leisure park, protection of animals, veterinary inspection, wildlife

4.12.2004

EN

Official Journal of the European Union

C 300/37

Pleas in law and main arguments:

Infringement of the principle of non-discrimination

(a) because Regulation (EC) No 1415/2004, which is chal-
lenged in the present action,
is a measure implementing
Regulation (EC) No 1954/2003, specifically Articles 3 and
6 thereof relating to the maximum annual fishing effort for
each Member State and for the various fishing areas and
fisheries laid down in those provisions, has been challenged
by the Kingdom of Spain (Case C-36/04) in so far as the
years 1998 to 2002 are used as the reference period. That
entails discrimination against the Spanish fleet on grounds
of nationality, since for those years, pursuant to provisions
in the Act of Accession of the Kingdom of Spain and the
Republic of Portugal to the European Communities and in
Regulations (EC) Nos 685/95 and 2027/95, the Spanish
fleet's access was limited to ICES areas V b, VI, VII and VIII
a, b, d and e;

(b) because the establishment of the sensitive area referred to
in Article 6 of Regulation (EC) No 1954/2003,
imple-
mented by the contested regulation (Regulation (EC) No
1415/2004), also discriminates against the Spanish fleet,
since the new sensitive area partly coincides with the so-
called ‘Irish box’, where restrictions apply to the Spanish
fleet
in accordance with the Accession Treaty for the
Kingdom of Spain and the Republic of Portugal.

Misuse of power:

because protection of the sensitive area provided for in Article
6 of Regulation (EC) No 1954/2003, implemented by Regu-
lation (EC) No 1415/2004 challenged in this action, should
have been established by applying the procedures laid down in
Regulation (EC) No 850/1998, which lays down technical
measures for the protection of juveniles of marine organisms,
and by reference to all the areas in respect of which it has been
scientifically established that this condition is fulfilled.

(1) OJ L 258 of 5.8.2004, p. 1.
(2) OJ L 289 of 7.11.2003, p. 1.
(3) OJ L 261 of 20.10.1995, p. 5.
(4) OJ L 71 of 31.3.1995, p. 5.
(5) OJ L 199 of 24.8.1995, p. 1.

Removal from the register of Joined Cases C-451/02 and
C-452/02 (1)

(2004/C 300/71)

By order of 27 July 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Joined Cases C-451/02 and C-452/02 (reference
Bundesfinanzhof):
for
Hauptzollamt Bremen v Joh. C. Henschen GmbH & Co. KG (C-
451/02) and ITG GmbH Internationale Spedition (C-452/02).

preliminary

from the

ruling

a

(1) OJ C 55 du 8.3.2003.

Removal from the register of Case C-237/03 (1)

(2004/C 300/72)

By order of 22 July 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-237/03 (reference for a preliminary
ruling from the tribunal d'instance de Roubaix): SA Banque
Sofinco v Daniel Djemoui, Carole Djemoui.

(1) OJ C 184 du 2.8.2003.

Removal from the register of Case C-256/03 (1)

(2004/C 300/73)

By order of 25 August 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-256/03: Commission of the Euro-
pean Communities v Ireland.

(1) OJ C 184 du 2.8.2003.