CELEX: C2007/315/09
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-141/05: Judgment of the Court (Third Chamber) of 8 November 2007 — Kingdom of Spain v Council of the European Union (Fisheries — Regulation (EC) No 27/2005 — Allocation of catch quotas among Member States — Act of Accession of the Kingdom of Spain — End of the transitional period — Requirement of relative stability — Principle of non-discrimination — New fishing opportunities — Admissibility)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/6
            
         Judgment of the Court (Third Chamber) of 8 November 2007 — Kingdom of Spain v Council of the European Union
   (Case C-141/05) (1)
   
   (Fisheries - Regulation (EC) No 27/2005 - Allocation of catch quotas among Member States - Act of Accession of the Kingdom of Spain - End of the transitional period - Requirement of relative stability - Principle of non-discrimination - New fishing opportunities - Admissibility)
   (2007/C 315/09)
   Language of the case: Spanish
   Parties
   
      Applicant: Kingdom of Spain (represented by: E. Braquehais Conesa and M.A. Sampol Pucurull, Agents)
   
      Defendant: Council of the European Union (represented by: F. Florindo Gijón and A. De Gregorio Merino, Agents)
   
      Intervener in support of the defendant: Commission of the European Communities (represented by: F. Jimeno Fernández and T. van Rijn, Agents)
   Re:
   Partial annulment of Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 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 (OJ 2005 L 12, p. 1), in so far as the new fishing opportunities in the North Sea and Baltic Sea were not allocated having regard to Spain's interests, in spite of the transitional arrangements — Discrimination — Application of Article 20(2) of 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)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs;
            
         
               3.
            
            
               Orders the Commission of the European Communities to bear its own costs.
            
         
      (1)  OJ C 115, 14.5.2005.