Case C-134/04: Judgment of the Court (Seventh Chamber) of 19 April 2007 — Kingdom of Spain v Council of the European Union (Fisheries — Regulation (EC) No 2287/2003 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: 2007-04-28
Institutions: Court of Justice
Subjects: Council of the European Union, EU waters, Spain, accession to the European Union, action for annulment (EU), authorised catch, catch quota, fishery resources, fishing area

28.4.2007

EN

Official Journal of the European Union

C 96/3

Judgment of the Court (Third Chamber) of 29 March 2007
— Commission of the European Communities v United
Kingdom of Great Britain and Northern Ireland

(Case C-64/04) (1)

(Failure of a Member State to fulfil obligations — Fishing
licences — Regulation (EC) No 3690/93 — Vessels Cleopatra
and Ocean Quest — Definitive transfer of those vessels to
Argentina)

(2007/C 96/03)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: T. van Rijn and B. Doherty, acting as Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: M. Bethell, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 5 of Council Regulation (EC) No 3690/93 of
20 December 1993 establishing a Community system laying
down rules for the minimum information to be contained in
fishing licences — Failure to withdraw the fishing licences of the
vessels Cleopatra and Ocean Quest after their definitive transfer to
Argentina

Operative part of the judgment

The Court:

1. Dismisses the action;

Defendant: Council of
F. Florindo Gijón and G. Ramos Ruano, Agents)

the European Union (represented by:

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: T. van Rijn and S. Pardo
Quintillán, Agents)

Re:

Annulment in part of Council Regulation (EC) No 2287/2003
of 19 December 2003 fixing for 2004 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 2003 L 344, p. 1) in so far as new fishing opportunities in
the North Sea and in the Baltic are not allocated having regard
to the interests of Spain despite the end of the transitional
regime — Discrimination — Application of Article 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 action;

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

3. Orders the Commission of the European Communities to bear its

own costs.

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 106 of 30.4.2004.

(1) OJ C 94, 17.4.2004.

Judgment of the Court (Seventh Chamber) of 19 April
2007 — Kingdom of Spain v Council of the European
Union

(Case C-134/04) (1)

(Fisheries — Regulation (EC) No 2287/2003 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)

(2007/C 96/04)

Language of the case: Spanish

Judgment of the Court (Second Chamber) of 26 April 2007
— Commission of the European Communities v Republic
of Finland

(Case C-195/04) (1)

(Failure of a Member State to fulfil obligations — Public
supply contract for catering equipment — Article 28 EC —
Quantitative restrictions on imports — Measures having
equivalent effect — Principle of non-discrimination — Obli-
gation of transparency)

(2007/C 96/05)

Language of the case: Finnish

Parties

Parties

Applicant: Kingdom of Spain (represented by: M.A. Sampol
Pucurull and E. Braquehais Conesa, Agents)

Applicant: Commission of the European Communities (repre-
sented by: M. Huttunen and K. Wiedner, Agents)