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Case T-251/18: Judgment of the General Court of 10 March 2020 — IFSUA v Council (Fisheries — Conservation of marine biological resources — Regulation (EU) 2018/120 — Measures concerning the fishing for European seabass (Dicentrarchus labrax) — Action for annulment brought by an association — Article 263 TFEU — Regulatory act not entailing implementing measures — Direct concern of the members of the association — Admissibility — Competence of the European Union to regulate recreational fisheries — Legal certainty — Protection of legitimate expectations — Equal treatment — Principle of non-discrimination — Proportionality — Precautionary principle — Freedom of association and freedom to conduct a business)
ECLI:EU:UNKNOWN:62018TA0251
62018TA0251
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27.4.2020
Official Journal of the European Union
C 137/46
(Case T-251/18) (<span class="super note-tag">1</span>)
(Fisheries - Conservation of marine biological resources - Regulation (EU) 2018/120 - Measures concerning the fishing for European seabass (Dicentrarchus labrax) - Action for annulment brought by an association - Article 263 TFEU - Regulatory act not entailing implementing measures - Direct concern of the members of the association - Admissibility - Competence of the European Union to regulate recreational fisheries - Legal certainty - Protection of legitimate expectations - Equal treatment - Principle of non-discrimination - Proportionality - Precautionary principle - Freedom of association and freedom to conduct a business)
(2020/C 137/72)
Language of the case: Spanish
Parties
Applicant: International Forum for Sustainable Underwater Activities (IFSUA) (Barcelona, Spain) (represented by: T. Gui Mori and R. Agut Jubert, lawyers)
Defendant: Council of the European Union (represented by: F. Naert and P. Plaza García, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: M. Morales Puerta, F. Moro and A. Stobiecka-Kuik, acting as Agents)
Re:
Application on the basis of Article 263 TFEU seeking the annulment in part of Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2017/127 (OJ 2018 L 27, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders International Forum for Sustainable Underwater Activities (IFSUA) to bear its own costs and to pay those incurred by the Council of the European Union, including those relating to the interim proceedings;
3.Orders the European Commission to bear its own costs.
(<span class="note"> <a id="ntr1-C_2020137EN.01004601-E0001" href="#ntc1-C_2020137EN.01004601-E0001">*1</a> </span>) OJ C 221, 25.6.2018.