Action brought on 14 November 2022 – Spain v Commission

(Case T-681/22)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Gavela Llopis and M.J. Ruiz Sánchez, acting as Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul Commission Implementing Regulation (EU) 2022/1614 ¹ of 15 September 2022 determining the existing deep-sea fishing areas and establishing a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur, as regards the establishment of a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur, set out in Article 2 and in Annex II.

in addition, declare Article 9(6) and (9) of Regulation 2016/2336 ¹ to be invalid, in accordance with Article 277 TFEU.

order the European Commission to pay the costs.

Pleas in law and main arguments

In support of its action, the applicant relies on two pleas in law.

First plea in law, alleging that Implementing Regulation 2022/1614, in so far as it establishes areas where vulnerable marine ecosystems are known to occur or are likely to occur, infringes the basic Regulation and the principle of proportionality:

In that regard, the applicant submits that:

(i) the failure to analyse the impact of passive deep-sea fishing gears infringes the basic Regulation and the principle of proportionality;

(ii) the determination of the areas where vulnerable marine ecosystems are known to occur or are likely to occur infringes the basic Regulation and the principle of proportionality.

Second plea in law, alleging that paragraphs 6 and 9 of Article 9 of Regulation 2016/2336 are unlawful:

In that regard, the applicant submits that:

(i) the reference to an implementing act to supplement essential elements of Regulation 2016/2336 infringes Article 291 TFEU;

(ii) the indiscriminate prohibition on fishing with bottom gear in all areas where vulnerable marine ecosystems are known to occur or are likely to occur infringes the Common Fisheries Policy rules and the principle of proportionality.

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¹ Commission Implementing Regulation (EU) 2022/1614 of 15 September 2022 determining the existing deep-sea fishing areas and establishing a list of areas where vulnerable marine ecosystems are known to occur or are likely to occur (OJ 2022 L 242, p. 1).

¹ Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ 2016 L 354, p. 1).