1.5.2009
EN
Official Journal of the European Union
C 102/7
Judgment of the Court (Third Chamber) of 5 March 2009 — French Republic v Council of the European Union
(Case C-479/07) (1)
(Action for annulment - Regulation (EC) No 809/2007 - Definition of the concept of drift nets - ‘Thonaille’ - Duty to state reasons - Infringement of the principles of proportionality and non-discrimination)
2009/C 102/09
Language of the case: French
Parties
Applicant: French Republic (represented by: E. Belliard, G. de Bergues and A.-L. During, Agents)
Defendant: Council of the European Union (represented by: A. De Gregorio Merino, M.-M. Joséphidès and E. Chaboureau, Agents)
Intervener in support of the defendant: Commission of the European Communities (represented by: M. Nolin, M. van Heezik and M.T. van Rijn, Agents)
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 duty to provide reasons and of the principles of proportionality and non-discrimination
Operative part of the judgment
The Court:
1.
dismisses the action;
2.
orders the French Republic to pay the costs;
3.
orders the Commission of the European Communities to bear its own costs.
(1) OJ C 297,8.12.2007.
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