Judgment of the Court of First Instance of 13 June 2006 - Atlantean Ltd v Commission
(Fishing - Multiannual guidance programmes - Request to increase the objectives on safety grounds - Decision 97/413/EC - Refusal of the Commission - Action for annulment - Admissibility - Competence of the Commission)
Language of the case: English
Parties
Applicant: Atlantean Ltd (Killybegs, (Ireland)) (represented by: initially G. Hogan SC, E. Regan SC and A. Hussey, Solicitor, then G. Hogan SC, E. Regan SC and M. Fraser, Solicitor)
Defendant: Commission of the European Communities (represented by: G. Braun and B. Doherty, Agents)
Intervener in support of the applicant: Ireland [represented by : D. O'Hagan and C. O'Toole, Agents, and by D. Conlan Smyth, Barrister]
Re:
Annulment of Commission Decision 2003/245/EC of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 m in length overall (OJ 2003 L 90, p. 48), in so far as that decision rejects the request to increase the capacity of the vessel Atlantean
Operative part of the judgment
The Court:
Annuls Commission Decision 2003/245/EC of 4 April 2003 on the requests received by the Commission to increase MAGP IV objectives to take into account improvements on safety, navigation at sea, hygiene, product quality and working conditions for vessels of more than 12 m in length overall in so far as it applies to the applicant's vessel Atlantean;
Orders the Commission to bear its own costs and to pay those incurred by the applicant;
Orders Ireland to bear its own costs.
____________1 - OJ C 184, 2.8.2003.