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7.6.

2003 EN Official Journal of the European Union C 135/7

obligations under that directive, the Court (First Chamber), — the Court (Fourth Chamber), composed of C.W.A. Timmer-
composed of: M. Wathelet (Rapporteur), President of the mans, President of Chamber, D.A.O. Edward and S. von Bahr
Chamber, P. Jann and A. Rosas, Judges; J. Mischo, Advocate (Rapporteur), Judges; P. Léger, Advocate General; R. Grass,
General; R. Grass, Registrar, has given a judgment on 10 April Registrar, made an order on 6 February 2003, the operative
2003, in which it: part of which is as follows:

1. Declares that, by failing to adopt, within the prescribed period, 1. The appeal is dismissed.
all the laws, regulations and administrative measures necessary
to comply with Directive 98/8/EC of the European Parliament 2. Dieckmann & Hansen GmbH is ordered to pay the costs.
and of the Council of 16 February 1998 concerning the placing
of biocidal products on the market, the French Republic has
failed to fulfil its obligations under that directive; (1 ) OJ C 44, 16.2.2002.

2. Orders the French Republic to pay the costs.

( 1) OJ C 131 of 1.6.2002.

Action brought on 27 February 2003 by the Kingdom of


Spain against the Council of the European Union

(Case C-87/03)
ORDER OF THE COURT
(2003/C 135/11)
(Fourth Chamber)

of 6 February 2003 An action against the Council of the European Union was
brought before the Court of Justice of the European Communi-
ties on 27 February 2003 by the Kingdom of Spain, represented
in Case C-492/01 P: Dieckmann & Hansen GmbH v by Nuria Díaz Abad, Abogado del Estado, with an address for
Commission of the European Communities ( 1) service in Luxembourg.

(Commission Decision 1999/244/EC of 26 March 1999 The applicant claims that the Court should:
amending Decision 97/296/EC drawing up the list of third
countries from which the import of fishery products is
authorised for human consumption — Prohibition on the — annul Council Regulation (EC) No 2341/2002 (1) of
importation of caviar from Kazakhstan — Non-contractual 20 December 2002 fixing for 2003 the fishing oppor-
liability of the Community — Appeal partly manifestly tunities and associated conditions for certain fish stocks
inadmissible and partly unfounded) and groups of fish stocks, applicable in Community
waters and, for Community vessels, in waters where catch
limitations are required, in so far as it allocates certain
(2003/C 135/10) quotas to the Spanish fleet in the Community waters of
the North Sea and the Baltic Sea, and
(Language of the case: German)
— order the Council to pay the costs.

(Provisional translation; the definitive translation will be published


in the European Court Reports)
Pleas in law and main arguments

— Infringement of the principle of non-discrimination: on


In Case 492/01 P: Dieckmann & Hansen GmbH, established in completion of the transitional period on 31 December
Hamburg (Germany), represented by H.-J. Rabe, lawyer — 2002, the situation of Spanish fishermen is the same as
appeal against the judgment of the Court of First Instance of that of fishermen of the remaining Member States and
the European Communities, Fifth Chamber, of 23 October they should enjoy equal access to waters and resources.
2001 in Case T-155/99 Dieckmann & Hansen v Commission However, by the contested regulation, Spanish fishermen
[2001] ECR II-3143, seeking to have that judgment set aside, are treated differently, since they are not allowed to fish
the other party to the proceedings being Commission of the in the waters of the North Sea and the Baltic Sea for
European Communities (Agents: G. Berscheid and M. Niejhar) virtually all the species subject to quotas.
C 135/8 EN Official Journal of the European Union 7.6.2003

Nor is there is any objective justification for that discrimi- Action brought on 28 February 2003 by the Kingdom of
nation. The general rule is the full applicability of all the Spain against the Council of the European Union
Community stock to new Member States from the very
moment of accession and the derogations from that full
applicability contained in an Act of Accession are always
of a temporary nature and must be interpreted strictly. (Case C-90/03)
To extend those derogations beyond the transitional
period provided for in the Act of Accession is to disregard
the very essence of those derogations, namely their
transitional and limited exceptional nature, and their (2003/C 135/12)
purpose, which is solely to permit the gradual integration
of a new Member State into the Community.

— Infringement of the Act of Accession of Spain: the non-


allocation to Spain in the contested regulation of part of An action against the Council of the European Union was
the quotas in the Community waters of the North Sea brought before the Court of Justice of the European Communi-
and the Baltic Sea which have been allocated since Spain’s ties on 28 February 2003 by the Kingdom of Spain, represented
accession has the effect of extending the transitional by N. Díaz Abad, Abogado del Estado, with an address for
period beyond that provided for in the Act and of thus service in Luxembourg.
infringing its provisions.

It cannot be overlooked that had it not been for the


transitional period in Article 166 of the Act of Accession, The applicant claims that the Court should:
Spain would have participated in the allocation of new
quotas since 1986, on the basis of three factors:
1. annul Article 9(1)(b) of Regulation 2792/1999 ( 1) laying
down the detailed rules and arrangements regarding
— its historical catches during the years 1973/1978, Community structural assistance in the fisheries sector,
i.e. the period taken into consideration when the as amended by Council Regulation 2369/2002 of
principle of relative stability was first established; 20 December 2002 (2);

2. order the Council to pay the costs.


— its catches of the same species in adjoining zones;
and

— the need to rely on by-catches.


Pleas in law and main arguments

— Infringement of Article 20(2) of Council Regulation


(EC) No 2371/2002 (2) of 20 December 2002 on the — Breach of essential procedural requirements: Spain con-
conservation and sustainable exploitation of fisheries tends that the text of Article 9(1)(b) of Regulation 2792/
resources under the Common Fisheries Policy: upon 1999, as amended by Regulation 2369/2002, published
expiry of the transitional period, the new fishing oppor- in Official Journal L 358 of 31 December 2002, is not
tunities allocated in the waters in question between the text approved by the Council. In the present case, the
1992 and 1998 must be allocated taking into account text approved by the Council was that contained in the
the interests of each Member State and therefore Spain’s final compromise document, i.e. the one bearing the
too. number SN 113/02, which tacitly amended the document
containing the second compromise, SN 105/02, by
providing the possibility of applying a basic weighting of
1:1.35 to vessels of more than 100 GT, which implies
that that weighting would also apply to vessels of more
( 1) OJ L 356, 31.12.2002, p. 12. than 400 GT and, therefore, the possibility of granting
( 2) OJ L 358, 31.12.2002, p. 59. aid for renewal this vessels of that type.

— Infringement of Article 254 EC: publication must be


limited to reproducing the text of the measure, as adopted
by the Organ with legislative or regulatory power. What