Case T-382/07: Action brought on 5 October 2007 — France v Council
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: Council of the European Union, France, action for annulment (EU), conservation of fish stocks, fishing net, fishing regulations, fishing rights, technical regulations

C 283/40

EN

Official Journal of the European Union

24.11.2007

— annul Memorandum No 009525 of 6 September 2007 of
the European Commission, Directorate-General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands, concerning
Hungary,
payments made by the Commission which differ from the
amount
POR ‘Campania’ 2000-2006
(No CCI 1999 IT 16 1PO 007);

requested. Ref.

— annul all related and prior acts and, consequently, order the
Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those
relied on in Case T-345/05 Italian Republic v Commission (1).

(1) OJ C 262 of 23.10.2004, p. 55.

In support of its action, firstly, the applicant submits that the
contested regulation must be annulled because of
lack of
reasoning since it does not state the reasons for which it widens
the scope of the restrictions on use applicable to drift nets to
include stabilised nets such as thonailles.

Secondly, it submits that the contested regulation also breaches
the principle of proportionality in that the prohibition of drift
nets, as they are defined,
is manifestly inappropriate having
regard, on the one hand, to the objectives pursued by that
prohibition and, on the other, to the particular characteristics of
the thonaille in comparison with other types of drift net.

Finally, the applicant claims that the prohibition on drift nets as
defined in Regulation No 809/2007 is discriminatory in that
treating the thonaille type of net in the same manner as other
drift nets is not justified, having regard to their characteristics.

(1) OJ 2007 L 182, p. 1.
(2) Council Regulation (EC) No 894/97 of 29 April 1997 laying down
certain technical measures for the conservation of fishery resources
(OJ 1997 L 132, p. 1).

Action brought on 5 October 2007 — France v Council

(Case T-382/07)

(2007/C 283/72)

Language of the case: French

Parties

Applicant: French Republic (represented by: E. Belliart, G. de
Bergues and A.-L. During, Agents)

Defendant: Council of the European Union

Form of order sought

— Annul Council Regulation (EC) No 809/2007 of 28 June
2007 amending Regulations
(EC)
No 812/2004 and (EC) No 2187/2005 as concerns drift
nets (1);

(EC) No 894/97,

— Order the Council to pay the costs.

Action brought on 10 October 2007 — Comune di Napoli
v Commission

(Case T-388/07)

(2007/C 283/73)

Language of the case: Italian

Parties

Applicant: Comune di Napoli
lawyer, and G. Tarallo, lawyer)

(represented by: F. Sciaudone,

Defendant: Commission of the European Communities

Pleas in law and main arguments

Form of order sought

The Regulation contested in the context of the present action is
intended to give a uniform definition of drift nets. The applicant
disputes the definition as laid down by the Regulation in that it
includes nets such as ‘thonailles’ in the category of drift nets
and thus includes them within the scope of the prohibition on
their use laid down in Article 11a of Regulation No 894/97 (2).

— Annul Decision C(2007) 3893 of the European Commission

of 8 August 2007;

— order the Commission to make good the damage;

— order the Commission to pay the costs of the proceedings.