Judgment of the Court (Seventh Chamber) of 19 April 2007 — Kingdom of Spain v Council of the European Union

(Case C-134/04) (1)

(Fisheries - Regulation (EC) No 2287/2003 distributing catch quotas among Member States - Act of Accession of Spain - End of the transitional period - Requirement of relative stability - Principle of non-discrimination - New fishing opportunities)

(2007/C 96/04)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M.A. Sampol Pucurull and E. Braquehais Conesa, Agents)

Defendant: Council of the European Union (represented by: F. Florindo Gijón and G. Ramos Ruano, Agents)

Intervener in support of the defendant: Commission of the European Communities (represented by: T. van Rijn and S. Pardo Quintillán, Agents)

Re:

Annulment in part of Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 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 2003 L 344, p. 1) in so far as new fishing opportunities in the North Sea and in the Baltic are not allocated having regard to the interests of Spain despite the end of the transitional regime — 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)  OJ C 106 of 30.4.2004.