23.1.2023 |
EN |
Official Journal of the European Union |
C 24/48 |
Action brought on 14 November 2022 — Spain v Commission
(Case T-681/22)
(2023/C 24/63)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: A. Gavela Llopis and M.J. Ruiz Sánchez, acting as Agents)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul Commission Implementing Regulation (EU) 2022/1614 (1) of 15 September 2022 determining the existing deep-sea fishing areas and establishing a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur, as regards the establishment of a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur, set out in Article 2 and in Annex II. |
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in addition, declare Article 9(6) and (9) of Regulation 2016/2336 (2) to be invalid, in accordance with Article 277 TFEU. |
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order the European Commission to pay the costs. |
Pleas in law and main arguments
In support of its action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging that Implementing Regulation 2022/1614, in so far as it establishes areas where vulnerable marine ecosystems are known to occur or are likely to occur, infringes the basic Regulation and the principle of proportionality:
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2. |
Second plea in law, alleging that paragraphs 6 and 9 of Article 9 of Regulation 2016/2336 are unlawful:
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(1) Commission Implementing Regulation (EU) 2022/1614 of 15 September 2022 determining the existing deep-sea fishing areas and establishing a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur (OJ 2022 L 242, p. 1).
(2) Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ 2016 L 354, p. 1).