Judgment of the Court (Seventh Chamber) of 19 April 2007 – Spain v Council
(Case C‑134/04)
Fisheries – Regulation (EC) No2287/2003 distributing catch quotas among Member States – Act of Accession of Spain – End of the transitional period – Requirement of relative stability – Principle of non-discrimination – New fishing opportunities
1.Community law – Principles – Equal treatment – Discrimination on grounds of nationality – Prohibition (Act of Accession of 1985; Council Regulation No 2287/2003) (see paras 35-38)
2.Accession of new Member States – Spain – Fisheries (Act of Accession of 1985, Arts 154 to 166; Council Regulation No 2287/2003) (see paras 44-45)
3.Fisheries – Conservation of the resources of the sea – System of fishing quotas (see para. 46)
Re:
| Annulment in part of Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the 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 2003 L 344, p.1) in so far as new fishing opportunities in the North Sea and in the Baltic are not allocated having regard to the interests of Spain despite the end of the transitional regime – Discrimination – Application of Article 20(2) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2002 L358, p.59). |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders the Kingdom of Spain to pay the costs; |
3. |
| Orders the Commission of the European Communities to bear its own costs. |