11.10.2008   

EN

Official Journal of the European Union

C 260/10

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quash the Order of 5 June 2008 and declare WWF's application to the Court of First Instance (‘CFI’ ) admissible;

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order the Council and Commission to pay WWF's costs before this Court and the Court of First Instance.

1)

The CFI wrongly held that WWF's entitlement as a member of the RAC to be involved in the decision making procedure and the obligation on the Council to consider its views prior to adoption of the relevant measures were not sufficient to distinguish it ‘individually’ for the purposes of Article 230 EC Treaty. The CFI wrongly considered that WWF did not have procedural rights, holding that these belonged solely to the RAC and not to its members.

2)

The CFI erroneously considered that even assuming ‘standing’, judicial protection would not be aimed at safeguarding WWF's procedural rights and did not therefore require judicial protection. That is an incorrect approach to the question of standing. Providing ‘direct and individual’ concern can be shown, the Applicant is entitled to challenge the ‘legality of the relevant measure’, which is what WWF seeks to do in this case. WWF is not confined to challenging a failure in the procedure, as the CFI suggest.

3)

The CFI's decision is vitiated by procedural unfairness. The CFI closed the proceedings after receiving the intervention of the Commission dated 21 November 2007, despite having agreed on 27 September 2007 that WWF should have the opportunity to respond to any Commission observations. WWF was refused permission to send observations in response. WWF nevertheless sent in submissions but these were not considered by CFI prior to it reaching its determination, which makes no reference to WWF's submissions in response to the Commission. Accordingly, there has been a serious breach of natural justice and fair procedure by CFI.