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Case T-76/11: Judgment of the General Court of (Third Chamber) of 21 November 2012 –Spain v Commission (Fisheries — Measures for the conservation of living aquatic resources — Article 105 of Regulation (EC) No 1224/2009 — Deductions from quotas allocated for a given year on account of overfishing in previous years — Temporal application — Legal certainty — Interpretation guaranteeing compliance with primary law — Principle that penalties must have a proper legal basis — Non-retroactivity)

ECLI:EU:UNKNOWN:62011TA0076

62011TA0076

November 21, 2012
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Official Journal of the European Union

C 9/35

(Case T-76/11)(Fisheries - Measures for the conservation of living aquatic resources - Article 105 of Regulation (EC) No 1224/2009 - Deductions from quotas allocated for a given year on account of overfishing in previous years - Temporal application - Legal certainty - Interpretation guaranteeing compliance with primary law - Principle that penalties must have a proper legal basis - Non-retroactivity)

2013/C 9/61

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad, abogado del Estado)

Defendant: European Commission (represented by: by F. Jimeno Fernández and D. Nardi, Agents)

Re:

Annulment of Commission Regulation (EU) No 1004/2010 of 8 November 2010 of operating deductions from certain fishing quotas for 2010 on account of overfishing in the previous year (OJ 2010 L 291, p. 31)

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Kingdom of Spain to pay the costs.

Language of the case: Spanish.

* * *

(<span class="super">1</span>) OJ C 89, 19.3.2011.

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