Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62007CJ0479

    Judgment of the Court (Third Chamber) of 5 March 2009.
    French Republic v Council of the European Union.
    Action for annulment - Regulation (EC) No 809/2007 - Definition of the concept of drift nets - ‘Thonaille’ - Duty to state reasons - Infringement of the principles of proportionality and non-discrimination.
    Case C-479/07.

    European Court Reports 2009 I-00024*

    ECLI identifier: ECLI:EU:C:2009:131





    Judgment of the Court (Third Chamber) of 5 March 2009 – France v Council

    (Case C‑479/07)

    Action for annulment – Regulation (EC) No 809/2007 – Definition of the concept of drift nets – ‘Thonaille’ – Duty to state reasons – Infringement of the principles of proportionality and non-discrimination

    1.                     Fisheries – Conservation of the resources of the sea – Technical conservation measures – Prohibition on pelagic driftnets more than 2.5 kilometres long (Council Regulation No 809/2007) (see paras 36-38, 43-45)

    2.                     Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC) (see paras 49-54)

    3.                     Fisheries – Conservation of the resources of the sea – Technical conservation measures – Prohibition on pelagic driftnets more than 2.5 kilometres long (Council Regulation No 809/2007) (see paras 63-70)

    Re:

    Action for annulment – Annulment of Council Regulation (EC) No 809/2007 of 28 June 2007 amending Regulations (EC) No 894/97, (EC) No 812/2004 and (EC) No 2187/2005 as concerns drift nets (OJ 2007 L 182, p. 1) – Concept of ‘drift nets’ – Inclusion in that concept of stabilised nets such as the ‘thonaille’ – Infringement of the obligation to provide reasons and of the principles of proportionality and non-discrimination.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders the French Republic to pay the costs;

    3.

    Orders the Commission of the European Communities to bear its own costs.

    Top