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Case C-224/22: Judgment of the Court (Tenth Chamber) of 16 November 2023 — Kingdom of Spain v Council of the European Union (Action for annulment — Regulation (EU) 2022/110 — Annex III(c) — Fixing the maximum authorised fishing effort of European hake and red mullet for demersal longliners — Annex III(e) — Fixing maximum catch limits for red shrimp — Geographical subareas (GSAs) 1-2-5-6-7 — Article 43(2) and (3) TFEU — Regulation (EU) 2019/1022 — Fishing effort regime — Supplementary measures — Article 7(5) — Concept of ‘significant catches’ — Scientific advice — Article 7(3)(b) — Concept of a ‘conservation measure’ — Obligation to state reasons — Discretion — Limits — Principle of proportionality)
ECLI:EU:UNKNOWN:62022CA0224
62022CA0224
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Official Journal of the European Union
Series C
C/2024/512
8.1.2024
(Case C-224/22) (*)
(Action for annulment - Regulation (EU) 2022/110 - Annex III(c) - Fixing the maximum authorised fishing effort of European hake and red mullet for demersal longliners - Annex III(e) - Fixing maximum catch limits for red shrimp - Geographical subareas (GSAs) 1-2-5-6-7 - Article 43(2) and (3) TFEU - Regulation (EU) 2019/1022 - Fishing effort regime - Supplementary measures - Article 7(5) - Concept of ‘significant catches’ - Scientific advice - Article 7(3)(b) - Concept of a ‘conservation measure’ - Obligation to state reasons - Discretion - Limits - Principle of proportionality)
(C/2024/512)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented initially by J. Rodríguez de la Rúa Puig, and subsequently by A. Gavela Llopis, acting as Agents)
Defendant: Council of the European Union (represented by: F. Naert, A. Nowak-Salles and S. Sáez Moreno, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: A. Dawes, I. Galindo Martín and A. Stobiecka-Kuik, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the Council of the European Union;
3.Order the European Commission to bear its own costs.
(*)
OJ C 207, 23.5.2022.
ELI: http://data.europa.eu/eli/C/2024/512/oj
ISSN 1977-091X (electronic edition)