Case C-139/05: Action brought on 29 March 2005 by Kingdom of Spain against the Council of the European Union
Date: 2005-05-14
Institutions: Court of Justice
Subjects: Council of the European Union, Spain, action for annulment (EU), catch quota, fishing regulations

14.5.2005

EN

Official Journal of the European Union

C 115/17

Action brought on 29 March 2005 by Kingdom of Spain
against the Council of the European Union

The applicant claims that the Court should:

(Case C-139/05)

(2005/C 115/30)

(Language of the case: Spanish)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 29 March 2005 by Kingdom of Spain, represented by
Enrique Braquehais Conesa, Abogado del Estado, acting as
Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. annul Council Regulation (EC) No 27/2005 (1) of 22
December 2004 fixing for 2005 the fishing opportunities
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 does not allocate quotas to Spain in
relation to the fishing opportunities which were distributed
before the accession of that State in respect of the North
Sea;

2. order the defendant institution to pay the costs.

1. annul Council Regulation (EC) No 27/2005 of 22 December
2004 (1) fixing for 2005 the fishing opportunities and asso-
ciated conditions for certain fish stocks and groups of fish
stocks, applicable in Community waters and,
for Com-
munity vessels,
in waters where catch limitations are
required, in so far as it does not assign specific quotas to
the Spanish fleet in Community waters in the North Sea and
the Baltic Sea;

2. order the defendant institution to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are identical to those in
Case C-134/04 (2).

(1) OJ L 12, of 14.01.2005, p. 1.
(2) OJ C 106, of 30. 04. 2004, p. 39.

Pleas in law and main arguments

Action brought on 6 April 2005 by the Commission of the
European Communities against the French Republic

The pleas in law and main arguments are identical to those in
Case C-133/04 (2).

(1) OJ L 12 of 14.1.2005, p. 1.
(2) OJ C 106, of 30.04.2004, p. 38.

(Case C-160/05)

(2005/C 115/32)

(Language of the case: French)

Action brought on 29 March 2005 by Kingdom of Spain
against the Council of the European Union

(Case C-141/05)

(2005/C 115/31)

(Language of the case: Spanish)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 29 March 2005 by Kingdom of Spain, represented by
Enrique Braquehais Conesa, Abogado del Estado, acting as
Agent, with an address for service in Luxembourg.

An action against the French Republic was brought before the
Court of Justice of the European Communities on 6 April 2005
by the Commission of the European Communities, represented
by D. Maidani, acting as Agent, with an address for service in
Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions which are necessary in order to
comply with Directive 2002/47/EC of the European Parlia-
ment and of the Council of 6 June 2002 on financial collat-
eral arrangements (1)and, in any event, by failing to inform
the Commission of them, the French Republic has failed to
fulfil its obligations under that directive;

2. order the French Republic to pay the costs.