CELEX: 62004TJ0037
Language: en
Date: 2008-07-01
Title: Judgment of the Court of First Instance (Third Chamber) of 1 July 2008. # Região autónoma dos Açores v Council of the European Union. # Action for annulment - Regulation (EC) No 1954/2003 - Fisheries - Management of the fishing effort - Community fishing areas and resources - Action brought by a regional body - Persons individually concerned - Inadmissibility. # Case T-37/04.

Judgment of the Court of First Instance (Third Chamber) of 1 July 2008 – Região autónoma dos Açores v Council
      (Case T-37/04)
      Action for annulment – Regulation (EC) No 1954/2003 – Fisheries – Management of the fishing effort – Community fishing areas and resources – Action brought by a regional body – Persons individually concerned – Inadmissibility
      1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para.,
            EC; Council Regulation No 1954/2003) (see paras 33-38)
      2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Arts 230, fourth para.,
            EC and 299(2) EC; Council Regulation No 1954/2003) (see paras 53-56)
      3.                     European Communities – Judicial review of the legality of the acts of the institutions – Measures of general scope – Need
            for natural or legal persons to have recourse to a plea of illegality or a reference for a preliminary ruling on validity
            (Arts 230, fourth para., EC, 234 EC and 241 EC; European Parliament and Council Regulation No 1367/2006; Council Regulation
            No 1954/2003) (see paras 92-93)
      Re:
      
         
               ACTION seeking partial annulment of Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing
                  effort relating to certain Community fishing areas and resources and modifying Regulation (EEC) No 2847/93 and repealing Regulations
                  (EC) No 685/95 and (EC) No 2027/95 (OJ 2003 L 289, p. 1).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action as inadmissible;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Região autónoma dos Açores to bear its own costs and pay those of the Council, including those incurred in the interim
                     proceedings; 
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Kingdom of Spain and the Commission to bear their own costs, including those incurred in the interim proceedings;
               
            
         
                  4.
               
               
                  
               
               
                  	Orders Seas at Risk VZW and WWF – World Wide Fund for Nature to bear their own costs, including those incurred in the interim
                     proceedings;
                  
               
            
         
                  5.
               
               
                  
               
               
                  	Orders Stichting Greenpeace Council to bear its own costs incurred in the present proceedings;
               
            
         
                  6.
               
               
                  
               
               
                  	Orders Porto de Abrigo – Organização de Produtores da Pesca CRL and GÊ-Questa – Associação de Defesa do Ambiente to bear their
                     own costs incurred in the interim proceedings.