Case C-184/06: Judgment of the Court (Sixth Chamber) of 13 December 2007 — Kingdom of Spain v Council of the European Union (Fisheries — Regulation (EC) No 51/2006 — Allocation of catch quotas among Member States — Act of Accession of the Kingdom of Spain — End of the transitional period — Requirement of relative stability — Principle of non-discrimination — New fishing opportunities)
Date: 2007-12-13
Institutions: Court of Justice
Subjects: Council of the European Union, EC Regulation, EU waters, Spain, action for annulment (EU), fishery management, fishing area, fishing regulations, fishing rights

C 51/14

EN

Official Journal of the European Union

23.2.2008

2. In holding that a Community regulation which is not published in
the language of a Member State is unenforceable against indivi-
duals in that State, the Court is interpreting Community law for
the purposes of Article 234 EC.

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

own costs.

(1) OJ C 154, 1.7.2007.

(1) OJ C 154, 1.7.2006.

Judgment of the Court (Sixth Chamber) of 13 December
2007 — Kingdom of Spain v Council of the European
Union

(Case C-184/06) (1)

(Fisheries — Regulation (EC) No 51/2006 — Allocation of
catch quotas among Member States — Act of Accession of
the Kingdom of Spain — End of the transitional period —
Requirement of relative stability — Principle of non-discrimi-
nation — New fishing opportunities)

(2008/C 51/22)

Language of the case: Spanish

Parties

Judgment of the Court (Second Chamber) of 18 December
the European Communities v
2007 — Commission of

Kingdom of Spain

(Case C-186/06) (1)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Conservation of wild birds — Irrigable area
of the Segarra-Garrigues Canal (Lleida))

(2008/C 51/23)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and A. Alcover San Pedro, Agents,)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

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

Re:

Defendant: Council of the European Union (represented by: A.
De Gregorio Merino and A. Westerhof Löfflerova, Agents)

in support of

Intervener
the
European Communities (represented by: T. van Rijn and F.
Jimeno Fernández, Agents)

the defendant): Commission of

Re:

Annulment of Council Regulation (EC) No 51/2006 of
22 December 2005 fixing for 2006 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 2006 L 16, p. 1) — Discrimination — Application of
Article 20(2) of Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi-
tation of fisheries resources under the Common Fisheries Policy
(OJ 2002 L 358, p. 59)

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 2, 3 and 4(1) and (4) of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds
(OJ 1979 L 103, p. 1) — Plan to irrigate the irrigable area of
the Segarra-Garrigues Canal (Lleida)

Operative part of the judgment

The Court:

1. Declares that, by authorising the irrigation project in the irrigable
area of the Segarra-Garrigues Canal in the Province of Lleida, the
Kingdom of Spain has failed to fulfil its obligations under the first
sentence of Article 4(4) of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds to take appropriate
measures to avoid, in the areas affected by that project which ought
to have been classified as special protection areas, the prohibited
disturbances;

2. Dismisses the action as to the remainder;

Operative part of the judgment

3. Orders each party to bear its own costs.

The Court:

1. Dismisses the action;

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

(1) OJ C 154, 1.7.2006.