OF 2 JULY 1981 ). PURSUANT TO THAT ORDER, ALL VESSELS APPEARING ON THE LIST OF THOSE VESSELS THAT, ON 23 APRIL 1980, HAD A RIGHT OF ACCESS TO THE WATERS OF THE FORMER COMMUNITY OF TEN ARE TO OBTAIN A RIGHT OF ACCESS TO THE COMMUNITY FISHING ZONES . IN ORDER TO ADAPT THE NUMBER OF SPANISH VESSELS TO EXISTING FISHERY RESOURCES, THAT MINISTERIAL ORDER ALLOWS FOR CUMULATING IN ONE OR MORE OPERATIONAL VESSELS THE FISHING RIGHTS OF OTHER VESSELS THAT BELONGED TO THE SAME OWNER, PRINCIPALLY IN CASES WHERE, UNDER PRESCRIBED CONDITIONS, THE SALE, BREAKING-UP OR EXPORT OF THOSE VESSELS HAS TAKEN PLACE .
6 ON THE BASIS OF A DRAFT PERIODICAL LIST DRAWN UP BY THE SPANISH AUTHORITIES PURSUANT TO THE ABOVEMENTIONED MINISTERIAL ORDER, THE COMMISSION APPROVED ON 24 JUNE 1986 THE PERIODICAL LIST FOR THE MONTH OF JULY 1986 AND TRANSMITTED IT TO THE SPANISH AUTHORITIES . IN A TELEX OF 25 JUNE 1986 THE COMPETENT SPANISH AUTHORITY NOTIFIED THE LIST TO APESCO .
7 THE MEMBERS OF THE ASSOCIATION APESCO ARE THE OPERATORS OF VESSELS THAT APPEAR ON THE BASIC LIST CONTAINED IN ANNEX IX TO THE ACT OF ACCESSION BUT DO NOT ENJOY CUMULATED RIGHTS OF FISHING PURSUANT TO THE SPANISH MINISTERIAL ORDER OF 12 JUNE 1981 . THAT ASSOCIATION CONSIDERED THAT THE PERIODICAL LIST FOR JULY 1986 WAS DISCRIMINATORY AS REGARDS ITS MEMBERS . THEIR VESSELS HAD BEEN ALLOCATED AN AVERAGE OF 12.58 FISHING DAYS, WHEREAS VESSELS BELONGING TO MEMBERS OF THE ASOCIACION DE ARMADORES DE BUQUES DE PESCA CON DERECHOS DE ACCESO A LAS PESQUERIAS DE LA CEE ( HEREINAFTER REFERRED TO AS "CEEPESCA "), IN WHICH ARE GROUPED THE OPERATORS OF VESSELS APPEARING ON THE BASIC LIST THAT ENJOY CUMULATED FISHING RIGHTS, OBTAINED AN AVERAGE OF 19.67 FISHING DAYS .
8 APESCO THEREFORE BROUGHT THE PRESENT ACTION IN WHICH IT REQUESTS THE COURT TO DECLARE VOID THE DECISION BY WHICH THE COMMISSION APPROVED THE DRAFT PERIODICAL LIST FOR THE MONTH OF JULY 1986, TO RECOGNIZE THAT THE DISCRIMINATION SUFFERED BY THE VESSELS BELONGING TO ITS MEMBERS SHOULD BE ENDED AND TO ORDER THE COMMISSION TO PROVIDE ITS MEMBERS WITH COMPENSATION IN FUTURE PERIODICAL LISTS FOR THE LOST DAYS' FISHING .
9 THE KINGDOM OF SPAIN, CEEPESCA, INTERNACIONAL PESQUERA CORUNESA SA ( INTERPESCO SA ), MIYA SA AND LAGUNAK SL INTERVENED IN THE PROCEEDINGS IN SUPPORT OF THE COMMISSION .
10 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE LEGAL BACKGROUND TO THE DISPUTE, THE COURSE OF THE PROCEDURE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE ACTION FOR ANNULMENT
ADMISSIBILITY
11 THE COMMISSION CONSIDERS THAT THE ACTION FOR ANNULMENT IS ADMISSIBLE ONLY IN SO FAR AS APESCO IS ACTING IN THE NAME OF PERSONS OPERATING AT LEAST ONE VESSEL THAT APPEARS ON THE CONTESTED PERIODICAL LIST . THE OTHER MEMBERS OF APESCO ARE