15.8.2008   

EN

Official Journal of the European Union

C 209/42


Judgment of the Court of First Instance (Third Chamber) of 1 July 2008 — Região autónoma dos Açores v Council

(Case T-37/04) (1)

(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)

(2008/C 209/71)

Language of the case: English

Parties

Applicant: Região autónoma dos Açores (Portugal) (represented initially by: M. Renouf, S. Crosby, C. Bryant, Solicitors, and H. Mercer, Barrister, and subsequently by M. Renouf, C. Bryant and H. Mercer)

Defendant: Council of the European Union (represented by: J. Monteiro and F. Florindo Gijón, acting as Agents)

Interveners in support of the applicants: Seas at Risk VZW, formerly Stichting Seas at Risk Federation (Brussels, Belgium); WWF — World Wide Fund for Nature, (Gland, Switzerland); and Stichting Greenpeace Council (Amsterdam, Netherlands) (represented by: R. Buxton, Solicitor, and D. Owen, Barrister).

Interveners in support of the defendants: Commission of the European Communities (represented by: T. van Rijn and B. Doherty, acting as Agents) and Kingdom of Spain, (represented by: N. Díaz Abad, abogado del Estado)

Re:

Action seeking artial 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 of the judgment

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 as 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 as incurred in the interim proceedings.


(1)  OJ C 94, 17.4.2004.