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5.7.2008 |
EN |
Official Journal of the European Union |
C 171/2 |
Judgment of the Court (Second Chamber) of 15 May 2008 — Kingdom of Spain v Council of the European Union
(Case C-442/04) (1)
(Fisheries - Regulation (EC) No 1954/2003 - Regulation (EC) No 1415/2004 - Management of the fishing effort - Fixing of the maximum annual fishing effort - Reference period - Community fishing areas and resources - Biologically sensitive areas - Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties - Plea of illegality - Admissibility - Principle of non-discrimination - Misuse of powers)
(2008/C 171/02)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: E. Braquehais Conesa and A. Sampol Pucurull, Agents)
Defendant: Council of the European Union (represented by: J. Monteiro and F. Florindo Gijón, Agents)
Intervener: Commission of the European Communities (represented by T. van Rijn and F. Jimeno Fernández, Agents)
Re:
Annulment of Articles 1 to 6 of Council Regulation (EC) No 1415/2004 of 19 July 2004 fixing the maximum annual fishing effort for certain fishing areas and fisheries (OJ 2004 L 258, p. 1) — Infringement of the principle of non-discrimination — Misuse of powers
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the Kingdom of Spain to pay the costs; |
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3. |
Orders the Commission of the European Communities to bear its own costs. |