Order of the Court (Eighth Chamber) of 5 May 2009 – WWF-UK v Council
(Case C‑355/08 P)
Appeal – Regulation (EC) No 2371/2002 – Consultation of Regional Advisory Councils concerning measures governing access to waters and resources and the sustainable pursuit of fishing activities – Regulation (EC) No 41/2007 – Fixing for 2007 of the total allowable catches for cod – Dissenting minority view recorded by members of a Regional Advisory Council in the RAC report on those total allowable catches – Action for annulment of Regulation No 41/2007 brought by such a member – Inadmissibility – Appeal clearly unfounded
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 in the areas covered by the regulation establishing measures for the recovery of stocks (Art. 230, fourth para., EC; Council Regulations No 423/2004 and No 41/2007) (see paras 41-45, 48)
2.Procedure – Intervention – Right of the parties to reply to the arguments of the intervener – Right granted at the discretion of the President (Rules of Procedure of the Court of First Instance, Art. 116(5)) (see para. 55)
Re:
| Appeal brought against the order of 2 June 2008 in Case T‑91/07 | WWF-UK | v | Council | by which the Court of First Instance (Eighth Chamber) declared inadmissible an application for the partial annulment of Council Regulation (EC) No41/2007 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 L15, p.1), to the extent that it fixed the ‘total allowable catches’ (‘TACs’) for 2007 in respect of the fishing of cod in the areas covered by Council Regulation (EC) No423/2004 (OJ 2004 L70, p.8) – Requirement that the contested measure must be of individual concern. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| WWF UK Ltd is ordered to pay the costs. |
3. |
| The Commission of the European Communities is ordered to bear its own costs. |