Judgment of the Court of First Instance (Third Chamber) of 1 July 2008 – Região autónoma dos Açores v Council
(Case T-37/04)
Action for annulment – Regulation (EC) No 1954/2003 – Fisheries – Management of the fishing effort – Community fishing areas and resources – Action brought by a regional body – Persons individually concerned – Inadmissibility
1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Regulation No 1954/2003) (see paras 33-38)
2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Arts 230, fourth para., EC and 299(2) EC; Council Regulation No 1954/2003) (see paras 53-56)
3. European Communities – Judicial review of the legality of the acts of the institutions – Measures of general scope – Need for natural or legal persons to have recourse to a plea of illegality or a reference for a preliminary ruling on validity (Arts 230, fourth para., EC, 234 EC and 241 EC; European Parliament and Council Regulation No 1367/2006; Council Regulation No 1954/2003) (see paras 92-93)
Re:
ACTION seeking partial annulment 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 and modifying Regulation (EEC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 (OJ 2003 L 289, p. 1).
Operative part
The Court:
1.
Dismisses the action as inadmissible;
2.
Orders Região autónoma dos Açores to bear its own costs and pay those of the Council, including those incurred in the interim proceedings;
3.
Orders the Kingdom of Spain and the Commission to bear their own costs, including those incurred in the interim proceedings;
4.
Orders Seas at Risk VZW and WWF – World Wide Fund for Nature to bear their own costs, including those incurred in the interim proceedings;
5.
Orders Stichting Greenpeace Council to bear its own costs incurred in the present proceedings;
6.
Orders Porto de Abrigo – Organização de Produtores da Pesca CRL and GÊ-Questa – Associação de Defesa do Ambiente to bear their own costs incurred in the interim proceedings.
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