CELEX: 62007CO0479
Language: en
Date: 2008-02-28 00:00:00
Title: Order of the President of the Court of 28 February 2008. # French Republic v Council of the European Union. # Applications for interim measures - Application for suspension of operation of a measure - Fisheries policy - Regulation No 809/2007 - Concept of ‘drift-net’ - Whether ‘thonaille’ nets included - Urgency. # Case C-479/07 R.

Order of the President of the Court of 28 February 2008 – France v Council
      (Case C‑479/07 R)
      Applications for interim measures – Application for suspension of operation of a measure – Fisheries policy – Regulation No 809/2007 – Concept of ‘drift-net’ – Whether ‘thonaille’ nets included – Urgency
      1.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Urgency
            – Serious and irreparable damage – Cumulative nature – Weighing-up of all the interests at stake (Art. 242 EC) (see paras
            16-17)
      2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
            irreparable damage – Burden of proof (Art. 242 EC) (see paras 18-19)
      3.                     Applications for interim measures – Suspension of operation of a measure – Suspension of operation of Regulation No 809/2007
            containing a definition of the concept of ‘drift-net’ capable of requiring an effective cessation of fishing with ‘thonaille’
            nets – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss (Art. 242 EC; Council Regulation
            No 809/2007) (see paras 24-25, 28-31)
      Re: 
      
         
               Action for annulment – Annulment of Council Regulation (EC) No 809/2007 of 28 June 2007 amending Regulations (EC) No 894/97,
                  (EC) No 812/2004 and (EC) No 2187/2005 as concerns drift nets (OJ 2007 L 182, p. 1) – Concept of ‘drift nets’ – Inclusion
                  in that concept of stabilised nets such as the ‘thonaille’ – Infringement of the obligation to provide reasons and of the
                  principles of proportionality and non-discrimination.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Rejects the application for interim measures;
               
            
         
                  2.
               
               
                  
               
               
                  	Reserves the costs.