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Document 62007TO0091

Order of the Court of First Instance (Eighth Chamber) of 2 June 2008.
WWF-UK Ltd v Council of the European Union.
Action for annulment - Regulation (EC) No 41/2007 - Recovery of cod stocks - Setting of the TACs for 2007 - Measure of general application - Not affected individually - Inadmissibility.
Case T-91/07.

European Court Reports 2008 II-00081*

ECLI identifier: ECLI:EU:T:2008:170





Order of the Court of First Instance (Eighth Chamber) of 2 June 2008 – WWF‑UK v Council

(Case T-91/07)

Action for annulment – Regulation (EC) No 41/2007 – Recovery of cod stocks – Setting of the TACs for 2007 – Measure of general application – Not affected individually – Inadmissibility

1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation fixing for 2007 the total allowable catches for cod fishing in the areas covered by the regulation establishing measures for the recovery of cod stocks (Art. 230, fourth para., EC; Council Regulations Nos 423/2004 and 41/2007) (see paras 64-79)

2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation fixing for 2007 the total allowable catches for cod fishing in the areas covered by the regulation establishing measures for the recovery of cod stocks (Art. 230, fourth para., EC; European Parliament and Council Regulation No 1367/2006; Council Regulations Nos 423/2004 and 41/2007; Council Decision 2005/370) (see paras 81-82)

3.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Misuse of powers – Seriousness of the failure of the institution concerned to fulfil obligations – No effective judicial protection against that failure – Interpretation, contrary to law, of the requirement of being individually concerned – Inadmissibility (Art. 230, fourth para., EC) (see paras 85-88)

Re:

ACTION for partial annulment of Council Regulation No 41/2007 of 21 December 2006 fixing for 2007 fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2007 L 15, p. 1), in so far as it fixes the total allowable catches (‘TAC’) for 2007 in respect of the fishing of cod in the areas covered by Council Regulation No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (OJ 2004 L 70, p. 8).

Operative part

The Court:

1.

Dismisses the action as inadmissible;

2.

Orders WWF-UK Ltd to bear its own costs and pay those incurred by the Council;

3.

Orders the Commission to bear its own costs.

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