Action brought on 5 October 2007 - France v Council

(Case T-382/07)

Language of the case: French

Parties

Applicant: French Republic (represented by: E. Belliart, G. de Bergues and A.-L. During, Agents)

Defendant: Council of the European Union

Form of order sought

Annul 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; ¹

Order the Council to pay the costs.

Pleas in law and main arguments

The Regulation contested in the context of the present action is intended to give a uniform definition of drift nets. The applicant disputes the definition as laid down by the Regulation in that it includes nets such as 'thonailles' in the category of drift nets and thus includes them within the scope of the prohibition on their use laid down in Article 11a of Regulation No 894/97. ²

In support of its action, firstly, the applicant submits that the contested regulation must be annulled because of lack of reasoning since it does not state the reasons for which it widens the scope of the restrictions on use applicable to drift nets to include stabilised nets such as thonailles.

Secondly, it submits that the contested regulation also breaches the principle of proportionality in that the prohibition of drift nets, as they are defined, is manifestly inappropriate having regard, on the one hand, to the objectives pursued by that prohibition and, on the other, to the particular characteristics of the thonaille in comparison with other types of drift net.

Finally, the applicant claims that the prohibition on drift nets as defined in Regulation No 809/2007 is discriminatory in that treating the thonaille type of net in the same manner as other drift nets is not justified, having regard to their characteristics.

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¹ - OJ 2007 L 182, p. 1.

² - Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources (OJ 1997 L 132, p. 1).