Judgment of the Court of First Instance (Fourth Chamber) of 10 May 2007 – Spain v Commission
(Case T-99/05)
Fisheries – Regulation (EC) No 494/2002 – Conservation of the resources of the sea – Legal basis – Principle of non-discrimination – Obligation to state reasons
1. Acts of the institutions – Choice of legal basis – Criteria – Commission regulation for the recovery of the stock of hake (Council Regulation No 3760/92, Art. 15(1), and No 850/98, Art. 45(1); Commission Regulation No 494/2002) (see paras 21-26)
2. Fisheries – Conservation of the resources of the sea – Regulation No 850/98 (Council Regulation No 850/98, Art. 45(1)) (see para. 27)
3. Fisheries – Conservation of the resources of the sea – Commission regulation for the recovery of the stock of hake (Council Regulation No 850/98; Commission Regulation No 494/2002) (see paras 28-31)
4. Fisheries – Conservation of the resources of the sea – Commission regulation for the recovery of the stock of hake (Commission Regulation No 494/2002 Art. 2(2)) (see paras 43-45)
5. Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC) (see paras 59-61)
Re:
| ACTION for annulment of Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e (OJ 2002 L 77, p. 8) |
Operative part
The Court:
2. | | Orders the Kingdom of Spain to bear its own costs and to pay those of the Commission. |