Order of the Court (Seventh Chamber) of 26 November 2009 – Região autónoma dos Açores v Council
(Case C‑444/08 P)
Appeals – Article 119 of the Rules of Procedure – Council Regulation (EC) No 1954/2003 – Actions for annulment – Inadmissibility – Regional or local body – Measures of direct and individual concern to that body – Appeal in part clearly inadmissible and clearly unfounded
1.Actions for annulment – Natural or legal persons – Action for annulment in part of a regulation on the management of the fishing effort relating to certain Community fishing areas and resources – Action brought by a regional authority – Action that cannot be placed on the same footing as an action brought by a Member State – No individual concern – Inadmissibility (Art. 230, second and fourth paras, EC) (see paras 31-33, 36-41, 44, 63, 75)
2.Appeals – Grounds – Plea raised against a ground of the judgment not necessary to support the operative part – Ineffective plea in law (Statute of the Court of Justice, Art. 58(1)) (see paras 46, 54)
3.Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58(1)) (see paras 52-53)
4.Community law – Principles – Right to effective judicial protection (Art. 225(1) EC, Statute of the Court of Justice, Art. 58(1)) (see paras 70-72)
Re:
| Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 1 July 2008 in Case T 37/04 | Região autónoma dos Açores | v | Council | , by which that Court declared inadmissible an action for annulment in part of Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources, modifying Regulation (EEC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 (OJ 2003 L 289, p. 1) – Requirement that the contested measure be of individual concern. |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders the Região autónoma dos Açores to pay the costs; |
3. |
| Orders the Kingdom of Spain and the Commission of the European Communities to bear their own costs. |