Case C-141/05: Judgment of the Court (Third Chamber) of 8 November 2007 — Kingdom of Spain v Council of the European Union (Fisheries — Regulation (EC) No 27/2005 — 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 — Admissibility)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: Council of the European Union, Spain, action for annulment (EU), catch quota, fishing regulations

C 315/6

EN

Official Journal of the European Union

22.12.2007

Judgment of the Court (Third Chamber) of 8 November
2007 — Kingdom of Spain v Council of the European
Union

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

own costs.

(Case C-141/05) (1)

(1) OJ C 115, 14.5.2005.

(Fisheries — Regulation (EC) No 27/2005 — 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 — Admissibility)

(2007/C 315/09)

Language of the case: Spanish

Judgment of the Court (Second Chamber) of 25 October
the European Communities v
2007 — Commission of

Ireland

(Case C-248/05) (1)

(Failure of a Member State to fulfil its obligations — Protec-
tion of underground water against pollution caused by hazar-
dous substances — Directive 80/68/EEC)

Parties

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

(2007/C 315/10)

Language of the case: English

Defendant: Council of the European Union (represented by: F.
Florindo Gijón and A. De Gregorio Merino, Agents)

Parties

in support of

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

the defendant: Commission of

the
Jimeno Fernández

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and D. Recchia, Agents)

Defendant: Ireland (represented by: D. O'Hagan, Agent)

Re:

Re:

Partial annulment of Council Regulation (EC) No 27/2005 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 Com-
munity vessels, in waters where catch limitations are required
(OJ 2005 L 12, p. 1), in so far as the new fishing opportunities
in the North Sea and Baltic Sea were not allocated having regard
to Spain's interests, in spite of the transitional arrangements —
Discrimination — Application of Article 20(2) of Council Regu-
lation (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;

Failure of a Member State to fulfil its obligations — Breach of
Articles 4, 5, 7, 8, 9, 10, 12 and 13 of Council Directive
80/68/EEC of 17 December 1979 on the protection of ground-
water against pollution caused by certain dangerous substances
(OJ 1980 L 20, p. 43) — Operation of a landfill without formal
authorisation at Ballymurtagh, County Wicklow — Pollution of
groundwater in County Wexford and Killarney, County Kerry,
by indirect discharges of phosphorus from septic tanks

Operative part of the judgment

The Court:

1) Declares that, by having failed to adopt all the measures necessary
to comply with Articles 4, 5, 7 and 10 of Council Directive
80/68/EEC of 17 December 1979 on the protection of ground-
water against pollution caused by certain dangerous substances, as
amended by Council Directive 91/692/EEC of 23 December
1991 standardising and rationalising reports on the implementa-
tion of certain directives relating to the environment, with regard to
the municipal landfill at Ballymurtagh (County Wicklow), Ireland
has
its obligations under Directive 80/68, as
amended by Directive 91/692;

failed to fulfil