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Valentina R., lawyer
Language of the case: French
Applicant: European Anglers Alliance (Offenbach am Main, Germany) (represented by: L.-B. Buchman, lawyer)
Defendant: Council of the European Union
The applicant claims that the Court should:
—confirm that the European Anglers Alliance has a legal interest in bringing the present proceedings;
—annul the provisions of Article 9(4) and (5) 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), on the grounds that:
—in the light of the objective that they pursue, those provisions give rise to unjustified discrimination between citizens of the European Union and infringe the principle of equality;
—the Council of the European Union exceeded the bounds of its discretion by failing to take account of any objective data regarding the effects of harvests from marine recreational fishing on sea bass stocks;
—they infringe the principle of proportionality and fail to comply with Article 17 of the Common Fisheries Policy in so far as the economic and sociological importance of marine recreational fishing has clearly not been taken into account.
In support of the action, the applicant relies on three pleas in law.
1.First plea in law, alleging infringement of the principle of equal treatment in so far as, in the light of the objective pursued, the contested provisions of Regulation (EU) 2018/120 give rise to unjustified discrimination between European citizens, as well as between recreational fishermen and industrial fishing.
2.Second plea in law, alleging that the Council exceeded the bounds of its discretion.
3.Third plea in law, alleging infringement of the principle of proportionality.