CELEX: 62007CJ0479
Language: en
Date: 2009-03-05 00:00:00
Title: Judgment of the Court (Third Chamber) of 5 March 2009. # French Republic v Council of the European Union. # Action for annulment - Regulation (EC) No 809/2007 - Definition of the concept of drift nets - ‘Thonaille’ - Duty to state reasons - Infringement of the principles of proportionality and non-discrimination. # Case C-479/07.

Judgment of the Court (Third Chamber) of 5 March 2009 – France v Council
      (Case C‑479/07)
      Action for annulment – Regulation (EC) No 809/2007 – Definition of the concept of drift nets – ‘Thonaille’ – Duty to state reasons – Infringement of the principles of proportionality and non-discrimination
      1.                     Fisheries – Conservation of the resources of the sea – Technical conservation measures – Prohibition on pelagic driftnets
            more than 2.5 kilometres long (Council Regulation No 809/2007) (see paras 36-38, 43-45)
      2.                     Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC) (see paras 49-54)
      3.                     Fisheries – Conservation of the resources of the sea – Technical conservation measures – Prohibition on pelagic driftnets
            more than 2.5 kilometres long (Council Regulation No 809/2007) (see paras 63-70)
      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.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the French Republic to pay the costs;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Commission of the European Communities to bear its own costs.