CELEX: C2002/144/52
Language: en
Date: 2002-06-15 00:00:00
Title: Removal from the register of Case C-407/99

15.6.2002               EN                   Official Journal of the European Communities                                     C 144/29
Pleas in law and main arguments                                                Removal from the register of Case C-233/99 (1)
                                                                                                 (2002/C 144/50)
—     Incorrect legal basis and lack of competence of the
      Commission: The contested regulation has as its legal
      basis Article 45(1) of Council Regulation (EC) No 850/98
      for the conservation of fishery resources through techni-
                                                                        By order of 21 March 2002 the President of the Court of
      cal measures for the protection of juveniles of marine
                                                                        Justice of the European Communities ordered the removal
      organisms. That provision confers on the Commission
                                                                        from the register of Case C-233/99 (Reference for a preliminary
      limited legislative power which that institution may use
                                                                        ruling by Københavns Byret): Anklagemyndigheden (Public
      only in such cases and under such conditions as provided
                                                                        Prosecution Department) v Tonny Haugsted Hansen.
      in that provision, whilst general power to legislate in the
      matter of fisheries resides with the Council in accordance
      with the procedure laid down in Article 37 EC. In the
      present case, the Commission refers to a report of                (1) OJ C 246 of 28.8.1999.
      November 2000 by the International Council for the
      Exploration of the Sea and to Regulation No 1162/2001
      (which, in the Commission’s own words ‘cannot produce
      any effect whatsoever’ — see OJ L 47 of 19.2.2002,
      p. 21). No other data are produced to substantiate the
      statement made on 19 March that conservation of hake
      resources in the ICES areas affected required immediate
      action by the Commission.
                                                                               Removal from the register of Case C-369/99 (1)
—     Breach of the principle of non-discrimination:
                                                                                                 (2002/C 144/51)
—     Lack of a statement of reasons
                                                                        By order of 19 March 2002 the President of the Court of
The main arguments put forward in support of the last two
                                                                        Justice of the European Communities ordered the removal
pleas are similar to those in Case C-304/01 (2).
                                                                        from the register of Case C-369/99: Kingdom of Spain v
                                                                        Commission of the European Communities.
(1) OJ L 77, p. 8 of 20.3.2002.
(2) OJ C 289 of 13.10.2001, p. 15.                                      (1) OJ C 6 of 8.1.2000.
        Removal from the register of Case C-61/99 (1)                          Removal from the register of Case C-407/99 (1)
                          (2002/C 144/49)                                                        (2002/C 144/52)
By order of 8 February 2002 the President of the Court of               By order of 11 December 2001 the President of the Court of
Justice of the European Communities ordered the removal                 Justice of the European Communities ordered the removal
from the register of Case C-61/99 (Referral for a preliminary           from the register of Case C-407/99 (Referral for a preliminary
ruling by the Landgericht Mainz): Deutsche Post AG v Landal             ruling by the Bundessozialgericht): Vetharanigam Pathminidevi
Green Parks GmbH.                                                       v Landeskreditbank Baden-Württemberg — Förderbank.
(1) OJ C 121 of 1.5.1999.                                               (1) OJ C 34 of 5.2.2000.