CELEX: C2003/135/13
Language: en
Date: 2003-06-07 00:00:00
Title: Case C-91/03: Action brought on 28 February 2003 by the Kingdom of Spain against the Council of the European Union

7.6.2003               EN                       Official Journal of the European Union                                            C 135/9
      is not possible is the introduction, by publication, of                  limits which do not exist either for access by French
      amendments of the text approved by the legislature since                 vessels to Spanish coastal waters or for access by vessels
      to do so presupposes a usurpation of its powers.                         of the remaining Member States to the coastal waters of
                                                                               other Member States.
( 1) OJ L 337, 30.12.1999, p. 10.                                       —      Infringement of the Act of Accession of Spain: following
( 2) OJ L 358, 31.12.2002, p. 49.                                              the abolition of limits on access by Spanish vessels to
                                                                               waters under French jurisdiction outside the 12-mile zone
                                                                               upon expiry of the transitional period provided for in the
                                                                               Act of Accession, there is no justification for maintaining
                                                                               the 12-mile derogations. There are no specific measures
                                                                               for access to pelagic species in that zone that might
                                                                               require special management and, furthermore, catches of
                                                                               those pelagic species are taken by the same type of vessels
                                                                               (Cerco).
                                                                               In short, the maintenance of a restrictive and discriminat-
Action brought on 28 February 2003 by the Kingdom of                           ory arrangement for access by Spanish vessels to the
      Spain against the Council of the European Union                          waters of the French 12-mile zone in the Atlantic
                                                                               beyond the transitional period provided for in the Act of
                                                                               Accession, and a derogation from equivalent rules on
                         (Case C-91/03)                                        access to French waters in the Atlantic outside the
                                                                               12 miles in issue, are contrary to the restrictive and
                                                                               limited nature required of any exception to a general rule
                        (2003/C 135/13)                                        of the Treaty, a fortiori when what is being limited is a
                                                                               principle as essential as the principle of non-discrimi-
                                                                               nation on ground of nationality and, infringes the very
                                                                               essence of the provisions of an Act of Accession.
An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-            (1 ) OJ L 358, 31.12.2002, p. 59.
ties on 28 February 2003 by the Kingdom of Spain, represented           (2 ) Council Regulation of 20 December 1992 establishing a Com-
by Nuria Díaz Abad, Abogado del Estado, with an address for                  munity system for fisheries and aquaculture, OJ L 389,
service in Luxembourg.                                                       31.12.1992, p. 1.
The applicant claims that the Court should:
—     annul point 6 of Annex I to Council Regulation 2371/
      2002 ( 1) of 20 December 2002 on the conversation and
      sustainable exploitation of fisheries resources under the
      Common Fisheries Policy.
—     order the Council to pay the costs.                               Action brought on 4 March 2003 by the Kingdom of
                                                                              Spain against the Council of the European Union
                                                                                                 (Case C-100/03)
Pleas in law and main arguments
                                                                                                 (2003/C 135/14)
—     Infringement of the principle of non-discrimination:
      during the negotiations for Regulation 2371/2002, Spain
      sought amendment of point 6 of Annex I in order to
      remove the restriction applying to its vessels in the 6 to
      12 mile zone of the Atlantic waters off France deriving
      from the Act of Accession and to balance the conditions           An action against the Council of the European Union was
      of access to that zone with those enjoyed by French               brought before the Court of Justice of the European Communi-
      vessels in Spanish waters. However, the Council decided           ties on 4 March 2003 by the Kingdom of Spain, represented
      to leave point 6 of Annex I unaltered by comparison with          by N. Díaz Abad, Abogado del Estado, with an address for
      that recognised in Regulation 3760/92 (2) and thus to set         service in Luxembourg.