Case T-219/04

Kingdom of Spain

v

Commission of the European Communities

(Fisheries – Adjustment of the capacity of Member States’ fishing fleets − Entry/exit scheme – Committee for fisheries and aquaculture – Rules on the use of languages)

Summary of the Judgment

1.      European Community – Rules on languages

(Council Regulation No 1, Art. 3)

2.      European Community – Rules on languages

(Council Regulation No 1, Art. 3)

3.      Fisheries – Conservation of the resources of the sea – Community policy on fishing fleets

(Council Regulation No 2371/2002, Arts 12 and 13)

1.      When adopting a measure, infringement of Article 3 of Regulation No 1 determining the languages to be used by the European Economic Community constitutes a procedural irregularity, which can, however, entail the annulment of the act ultimately adopted only if, were it not for that irregularity, the procedure could have led to a different result.

(see para. 35)

2.      Documents relating to a point in a management committee’s agenda must be addressed to each Member State in its official language, as required by Article 3 of Regulation No 1 determining the languages to be used by the European Economic Community.

However, that obligation does not exist as regards proposed amendments to a document, which has already been duly transmitted to the committee members, made during a committee meeting, where nothing in that committee’s rules of procedure requires such proposals to be submitted in writing in all the official languages. That possibility of submitting amendments orally in a committee meeting exists, even if the amendments made to the draft added into the meeting’s agenda are substantive. If the Commission were obliged to submit proposed amendments in writing in all the official languages, it would be practically impossible to make substantive amendments to a draft at a meeting.

(see paras 40-41)

3.      The words ‘from 1 January 2003’ in Article 13(1) of Regulation No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy refer both to entries into the fishing fleet and withdrawals to compensate for them, so that only withdrawals made after that date may be taken into account. Consequently, the compensation scheme for entries and exits established by Regulation No 2371/2002 implies that the capacity of a Member State’s fishing fleet may not increase beyond its existing level on 1 January 2003. The reference levels fixed under Article 12 of Regulation No 2371/2002 are necessary only for the Member States which exceeded them on 1 January 2003, and will become superfluous once all the Member States comply with them.

(see paras 67-77)