Case C-442/04: Judgment of the Court (Second Chamber) of 15 May 2008 — Kingdom of Spain v Council of the European Union (Fisheries — Regulation (EC) No 1954/2003 — Regulation (EC) No 1415/2004 — Management of the fishing effort — Fixing of the maximum annual fishing effort — Reference period — Community fishing areas and resources — Biologically sensitive areas — Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties — Plea of illegality — Admissibility — Principle of non-discrimination — Misuse of powers)
Date: 2008-05-15
Institutions: Court of Justice
Subjects: Council of the European Union, Spain, action for annulment (EU), equal treatment, fishing area, fishing regulations, fishing rights

C 171/2

EN

Official Journal of the European Union

5.7.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 15 May 2008
— Kingdom of Spain v Council of the European Union

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

own costs.

(Case C-442/04) (1)

(Fisheries — Regulation (EC) No 1954/2003 — Regulation
(EC) No 1415/2004 — Management of the fishing effort —
Fixing of the maximum annual fishing effort — Reference
period — Community fishing areas and resources — Biologi-
cally sensitive areas — Act concerning the conditions of acces-
sion of the Kingdom of Spain and the Portuguese Republic
and the adjustments to the Treaties — Plea of illegality —
Admissibility — Principle of non-discrimination — Misuse of
powers)

(2008/C 171/02)

Language of the case: Spanish

Parties

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

Defendant: Council of
J. Monteiro and F. Florindo Gijón, Agents)

the European Union (represented by:

Intervener: Commission of the European Communities (repre-
sented by T. van Rijn and F. Jimeno Fernández, Agents)

Re:

Annulment of Articles 1 to 6 of Council Regulation (EC)
No 1415/2004 of 19 July 2004 fixing the maximum annual
fishing effort for certain fishing areas and fisheries (OJ 2004
L 258, p. 1) — Infringement of the principle of non-discrimina-
tion — Misuse of powers

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 300, 4.12.2004.

Judgment of the Court (Grand Chamber) of 20 May 2008
— Commission of the European Communities v Council of
the European Union

(Case C-91/05) (1)

(Action for annulment — Article 47 EU — Common foreign
and security policy — Decision 2004/833/CFSP — Implemen-
tation of Joint Action 2002/589/CFSP — Combating the
proliferation of small arms and light weapons — Community
competence — Development cooperation policy)

(2008/C 171/03)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: P.J. Kuijper, J. Enegren and M. Petite, Agents)

Intervener in support of the applicant: European Parliament (repre-
sented by: R. Passos, K. Lindahl and D. Gauci, Agents)

Defendant: Council of the European Union, (represented by: J.-C.
Piris, R. Gosalbo Bono, S Marquardt and E. Finnegan, Agents)

the defendant: Kingdom of Denmark
Interveners in support of
Jacobsen, C. Thorning and L. Lander
(represented by: A.
Madsen, Agents), Kingdom of Spain (represented by N. Díaz
Abad, Agent), French Republic (represented by G. de Bergues, E.
Belliard and C. Jurgensen, Agents), Kingdom of the Netherlands
(represented by M. de Grave, C. Wissels and H.G. Sevenster,
Agents), Kingdom of Sweden (represented by A. Falk, Agent),
United Kingdom of Great Britain and Northern Ireland (repre-
sented by R. Caudwell and E. Jenkinson, Agents, assisted by A.
Dashwood, Barrister)