Joined Cases C-87/03 and C-100/03: Judgment of the Court (Third Chamber) of  30 March 2006  — Kingdom of Spain v Council of the European Union (Fisheries — Regulation distributing catch quotas among Member States — Act of accession of Spain — End of the transitional period — Requirement of relative stability — Principle of non-discrimination — New fishing opportunities)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: Baltic Sea, Council of the European Union, EU waters, North Sea, Spain, action for annulment (EU), authorised catch, catch quota, fishery resources, infringement of EU law

17.6.2006

EN

Official Journal of the European Union

C 143/3

Judgment of the Court (Third Chamber) of 30 March 2006
— Kingdom of Spain v Council of the European Union

Judgment of the Court (Grand Chamber) of 23 March
2006 — Commission of the European Communities v
Kingdom of Belgium

(Joined Cases C-87/03 and C-100/03) (1)

(Fisheries — Regulation distributing catch quotas among
Member States — Act of accession of Spain — End of the
transitional period — Requirement of relative stability —
Principle of non-discrimination — New fishing opportunities)

(2006/C 143/06)

Language of the case: Spanish

(Case C-408/03) (1)

(Failure to fulfil obligations — Breach of Community legisla-
tion on the right of residence of citizens of the Union —
National legislation and administrative practice relating to
the requirement of sufficient personal resources and the
issuing of orders to leave the territory of the Member State
concerned)

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad,
Agent)

Defendant: Council of the European Union (represented by: G.
Ramos Ruano and F. Florindo Gijón,Agents,)

Interveners: Commission of the European Communities (repre-
sented by: T. van Rijn, F. Jimeno Fernandez and S. Pardo Quin-
tillán, Agents), United Kingdom of Great Britain and Northern
Ireland (represented by: D. Wyatt QC and K. Manji, Agent

Re:

Partial annulment of Council Regulation (EC) No 2341/2002 of
20 December 2002 fixing for 2003 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 catch limitations are required
(OJ 2002 L 356, p. 12), in so far as the new fishing opportu-
nities, fixed from 1992 to 1998 for the North Sea and for the
the interests of
Baltic, are not allocated taking account of
Spain, despite the fact that the transitional period has come to
an end — Discrimination — Application of Art. 20(2) of
Council Regulation (EC) No 2371/2002 of 20 December 2002
on the conservation and sustainable exploitation of fisheries
resources under the common fisheries policy (OJ 2002 L 358,
p. 59).

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders the Kingdom of Spain to pay the costs;

3. Orders

the United Kingdom of Great Britain and Northern
Ireland and the Commission of the European Communities to bear
their own costs.

(1) OJ C 135, 07.06.2003.

(2006/C 143/07)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and D. Martin, Agents)

Defendant: Kingdom of Belgium (represented by: E. Dominko-
vits, Agent,)

Intervener in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented by: C. Jackson, Agent,
and by E. Sharpston QC)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Community legislation on the right of residence of citizens
of the Union — National legislation and administrative practice
concerning the condition of possession of sufficient personal
resources and the issue of orders to leave the territory

Operative part of the judgment

1. Declares that

(a) by excluding the income of a partner residing in the host
Member State in the absence of an agreement concluded
before a notary and containing an assistance clause,
the
Kingdom of Belgium has failed to fulfil its obligations under
Article 18 EC and Council Directive 90/364/EEC of 28 June
1990 on the right of residence when applying that directive to
nationals of a Member State who wish to rely on their rights
under that directive and on Article 18 EC,