CELEX: C2007/117/31
Language: en
Date: 2007-05-26 00:00:00
Title: Case C-167/07: Action brought on 29 March 2007 — Kingdom of Spain v Council of the European Union

26.5.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 117/19
            
         Action brought on 29 March 2007 — Kingdom of Spain v Council of the European Union
   (Case C-167/07)
   (2007/C 117/31)
   Language of the case: Spanish
   Parties
   
      Applicant: Kingdom of Spain (represented by: N. Díaz Abad, agent)
   
      Defendant: Council of the European Union
   Form of order sought
   
               —
            
            
               Annul Council Regulation (EC) No 41/2007 (1) of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required, to the extent that specific quotas are not allocated to the Spanish fleet in the Community waters of the North Sea and
            
         
               —
            
            
               Order the Council of the European Union to pay the costs.
            
         Pleas in law and main arguments
   (1)   Infringement of the principle of non-discrimination:
   The Kingdom of Spain believes that, to the extent that the contested regulation does not allocate to Spain quotas in the Community waters of the North Sea, there is an infringement of the principle of non-discrimination, given that, on the expiry of the transitional period stipulated in the Act of Accession, all other Member States are recognised to have the right of access to those waters and their resources, whereas the Kingdom of Spain is recognised to have the right of access only to those waters.
   (2)   Misinterpretation of the Act of Accession of Spain:
   The Act of Accession in laying down rules concerning the transitional period for Spain in relation to fisheries does not distinguish between access to waters and access to resources. Moreover, the provisions of the Act of Accession should be interpreted to accord with its context and purposes.
   (3)   Infringement of Article 20(2) of Regulation 2371/2002 (2):
   The provision is infringed in that no quotas are allocated to Spain in respect of new fishing opportunities established and distributed for the first time after the expiry of the transitional period specified in the Act of Accession.
   
      (1)  OJ 2007 L 15, p. 1.
   
      (2)  Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2002 L 358, p. 59).