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Document 62007CO0479

Order of the President of the Court of 28 February 2008.
French Republic v Council of the European Union.
Applications for interim measures - Application for suspension of operation of a measure - Fisheries policy - Regulation No 809/2007 - Concept of ‘drift-net’ - Whether ‘thonaille’ nets included - Urgency.
Case C-479/07 R.

Izvješća Suda EU-a 2008 I-00039*

ECLI identifier: ECLI:EU:C:2008:137





Order of the President of the Court of 28 February 2008 – France v Council

(Case C‑479/07 R)

Applications for interim measures – Application for suspension of operation of a measure – Fisheries policy – Regulation No 809/2007 – Concept of ‘drift-net’ – Whether ‘thonaille’ nets included – Urgency

1.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Weighing-up of all the interests at stake (Art. 242 EC) (see paras 16-17)

2.                     Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof (Art. 242 EC) (see paras 18-19)

3.                     Applications for interim measures – Suspension of operation of a measure – Suspension of operation of Regulation No 809/2007 containing a definition of the concept of ‘drift-net’ capable of requiring an effective cessation of fishing with ‘thonaille’ nets – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss (Art. 242 EC; Council Regulation No 809/2007) (see paras 24-25, 28-31)

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.

Rejects the application for interim measures;

2.

Reserves the costs.

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