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.