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.