Case C-198/07 P: Judgment of the Court (Fourth Chamber) of 22 December 2008 — Donal Gordon v Commission of the European Communities (Appeal — Career development report — Action for annulment — Legal interest in bringing proceedings — Official in a state of total permanent invalidity)
Date: 2008-12-22
Institutions: Court of Justice
Subjects: European Commission, European official, action for annulment (EU), appeal, indemnification, personnel administration, professional career, report, staff assessment, staff regulations (EU)

C 44/10

EN

Official Journal of the European Union

21.2.2009

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez,
Agent)

Judgment of the Court (Fourth Chamber) of 22 December
2008 — Donal Gordon v Commission of the European
Communities

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 2(1) and 31(1) and (2) of Council Regulation (EC)
No 2847/93 of 12 October 1993 establishing a control system
applicable to the common fisheries policy (OJ 1993 L 261,
p. 1) — Infringement of Council Regulation (EC) No 2406/96
of 26 November 1996 laying down common marketing stan-
dards for certain fishery products (OJ 1996 L 334, p. 1) and
Council Regulation (EC) No 850/98 of 30 March 1998 for the
conservation of fishery resources through technical measures for
the protection of juveniles of marine organisms (OJ 1998 L 125,
p. 1) — Unsatisfactory monitoring — Failure to adopt adequate
measures to penalise the infringements

Operative part of the judgment

The Court:

1. Declares that,

— by failing to carry out satisfactorily the monitoring, inspection
fishing activities within its territory and
and surveillance of
within maritime waters subject to its sovereignty or jurisdiction,
including the landing and marketing of species subject to rules
on minimum size under Council Regulation (EC) No 850/98
of 30 March 1998 for the conservation of fishery resources
juveniles of
through technical measures for the protection of
marine organisms, and Council Regulation (EC) No 2406/96
of 26 November 1996 laying down common marketing stan-
dards for certain fishery products and by failing to devote the
inspection and
necessary human resources to the monitoring,
surveillance of fishing; and

— by failing to act with sufficient diligence to ensure the adoption
of appropriate measures against those responsible for infringing
Community provisions in relation to fisheries, in particular by
bringing administrative actions or criminal proceedings and
imposing penalties which have a deterrent effect on those
responsible;

the Kingdom of Spain has failed to fulfil its obligations under Arti-
cles 2(1) and 31(1) and (2) of Council Regulation (EEC)
No 2847/93 of 12 October 1993 establishing a control system
applicable to the common fisheries policy, as amended by Council
Regulation (EC) No 2846/98 of 17 December 1998;

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Spain to pay the costs.

(Case C-198/07 P) (1)

(Appeal — Career development report — Action for annul-
ment — Legal interest in bringing proceedings — Official in
a state of total permanent invalidity)

(2009/C 44/16)

Language of the case: English

Parties

Appellant: Donal Gordon (represented by: J. Sambon, P.-P. Van
Gehuchten and P. Reyniers, avocats)

the European
Other party to the proceedings: Commission of
Communities (represented by: J. Currall and H. Krämer, acting
as Agents)

Re:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 7 February 2007 in Case T-175/04 Gordon
v Commission — Action for annulment of the applicant's career
development report for the 2001-2002 appraisal procedure —
Legal interest in bringing proceedings — Official retired on the
ground of total permanent invalidity during the proceedings

Operative part of the judgment

The Court:

1) Sets aside the judgment of

the Court of First

the
European Communities of 7 February 2007 in Case T-175/04
Gordon v Commission in so far as the Court of First Instance
declared that there was no need to rule on the application for
annulment brought by Mr Gordon;

Instance of

2) Dismisses the appeal as inadmissible in so far as it challenges the
dismissal of the claim for damages in the judgment of the Court of
First Instance referred to;

3) Annuls the decision of the Commission of the European Commu-
nities of 11 December 2003 rejecting Mr Gordon's complaint
against the decision of 28 April 2003 confirming his career devel-
opment report for the period from 1 July 2001 to 31 December
2002;

4) Orders the Commission of the European Communities to pay the
costs incurred by Mr Gordon before the Court of Justice of the
the
European Communities and the Court of First
European Communities.

Instance of

(1) OJ C 129, 9.6.2007.

(1) OJ C 129, 9.6.2007.