Avis juridique important

61995B0194(01)

Order of the Court of First Instance (Fifth Chamber) of 25 June 1996. - Area Cova SA, Armadora José Pereira SA, Armadores Pesqueros de Aldán SA, Centropesca SA, Chymar SA, Eloymar SA, Exfaumar SA, Farpespan SL, Freiremar SA, Hermanos Gandón SA, Heroya SA, Hiopesca SA, José Pereira e Hijos SA, Juana Oya Pérez, Manuel Nores González, Moradiña SA, Navales Cerdeiras SL, Nugago Pesca SA, Pesquera Austral SA, Pescaberbés SA, Pesquerías Bigaro Narval SA, Pesquera Cíes SA, Pesca Herculina SA, Pesquera Inter SA, Pesquerías Marinenses SA, Pesquerías Tara SA, Pesquera Vaqueiro SA, Sotelo Dios SA, Asociación Nacional de Armadores de Buques Congeladores de Pesca de Merluza (ANAMER), Asociación Nacional de Armadores de Buques Congeladores de Pesquerías Varias (ANAVAR), Asociación de Sociedades Pesqueras Españolas (ASPE) v Council of the European Union. - Intervention. - Case T-194/95 Int. I.

European Court reports 1996 Page II-00591

Summary

Procedure ° Intervention ° Persons having an interest ° Case concerning the annulment of a regulation in the field of conservation and management of fishery resources in the North-West Atlantic ° Xunta de Galicia ° Whether admissible ° Absence of pleas in law and legal arguments in the application to intervene ° Not relevant (EEC Statute of the Court of Justice, Art. 37, second para.; Rules of Procedure of the Court of First Instance, Art. 115)

Under the second paragraph of Article 37 of the Statute of the Court of Justice, the right to intervene in cases before the Court of First Instance is open to any person establishing an interest in the result of the case.

The Xunta de Galicia must therefore be granted leave to intervene in a case concerning the annulment of Regulation No 1761/95 amending, for the second time, Regulation No 3366/94 laying down for 1995 certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries, inasmuch as it establishes the quota for Greenland halibut for the Community fleet. First, the economic and social structure of the Autonomous Community of Galicia relies essentially on the fishing industry and, secondly, under the Spanish Constitution of 1978 and its Statute of Autonomy it is incumbent on that Community to defend its identity and its interests not only before national bodies but also before international bodies whose decisions could affect it.

Moreover, the application to intervene submitted by the Autonomous Community of Galicia cannot be declared inadmissible on the ground that it does not include a brief statement of the pleas and arguments on which it intends to rely, since such a statement is not one of the conditions under Article 115 of the Rules of Procedure of the Court of First Instance.

Parties

In Case T-194/95 Intv I,

Area Cova SA, a company governed by Spanish law, established in Vigo, Spain,

Armadora José Pereira SA, a company governed by Spanish law, established in Vigo,

Armadores Pesqueros de Aldán SA, a company governed by Spanish law, established in Vigo,

Centropesca SA, a company governed by Spanish law, established in Vigo,

Chymar SA, a company governed by Spanish law, established in Vigo,

Eloymar SA, a company governed by Spanish law, established in Estribela, Spain,

Exfaumar SA, a company governed by Spanish law, established in Bueu, Spain,

Farpespan SL, a company governed by Spanish law, established in Moaña, Spain,

Freiremar SA, a company governed by Spanish law, established in Vigo,

Hermanos Gandón SA, a company governed by Spanish law, established in Cangas, Spain,

Heroya SA, a company governed by Spanish law, established in Vigo,

Hiopesca SA, a company governed by Spanish law, established in Vigo,

José Pereira e Hijos SA, a company governed by Spanish law, established in Vigo,

Juana Oya Pérez, residing in Vigo,

Manuel Nores González, residing in Marín, Spain,

Moradiña SA, a company governed by Spanish law, established in Cangas,

Navales Cerdeiras SL, a company governed by Spanish law, established in Camariñas, Spain,

Nugago Pesca SA, a company governed by Spanish law, established in Bueu,

Pesquera Austral SA, a company governed by Spanish law, established in Vigo,

Pescaberbés SA, a company governed by Spanish law, established in Vigo,

Pesquerías Bígaro Narval SA, a company governed by Spanish law, established in Vigo,

Pesquera Cíes SA, a company governed by Spanish law, established in Vigo,

Pesca Herculina SA, a company governed by Spanish law, established in Vigo,

Pesquera Inter SA, a company governed by Spanish law, established in Cangas,

Pesquerías Marinenses SA, a company governed by Spanish law, established in Marín,

Pesquerías Tara SA, a company governed by Spanish law, established in Cangas,

Pesquera Vaqueiro SA, a company governed by Spanish law, established in Vigo,

Sotelo Dios SA, a company governed by Spanish law, established in Vigo,

Asociación Nacional de Armadores de Buques Congeladores de Pesca de Merluza (Anamer), an association governed by Spanish law, established in Vigo,

Asociación Nacional de Armadores de Buques Congeladores de Pesquerías Varias (Anavar), an association governed by Spanish law, established in Vigo, and

Asociación de Sociedades Pesqueras Españolas (ASPE), an association governed by Spanish law, established in Vigo,

represented by Antonio Creus Carreras and Xavier Ruiz Calzado, of the Barcelona Bar, and by Bonifacio García Porras, of the Salamanca Bar, of Cuatrecasas Abogados, 78 Avenue d' Auderghem, Brussels,

applicants,

Council of the European Union, represented by John Carbery, Legal Adviser, and by Germán-Luis Ramos Ruano, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the office of Bruno Eynard, Director-General of the Legal Affairs Directorate of the European Investment Bank, 100 Boulevard Konrad Adenauer, Kirchberg,

defendant,

APPLICATION for the annulment of Council Regulation (EC) No 1761/95 of 29 June 1995 amending, for the second time, Regulation (EC) No 3366/94 laying down for 1995 certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries, inasmuch as it establishes the quota for Greenland halibut for the Community fleet (OJ 1995 L 171, p. 1),

THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES makes the following Order

Grounds

1 By application received at the Registry of the Court of First Instance on 4 March 1996, the Xunta de Galicia, represented by Víctor Manuel Vázquez-Portomeñe Seijas, of the Santiago de Compostela Bar, and Antonio Hierro Hernández Mora, of the Madrid Bar, 5 Calle San Caetano, Santiago de Compostela, Corunna (Spain), applied to intervene in Case T-194/95 in support of the form of order sought by the applicants.

2 In support of its application to intervene, the Xunta de Galicia claims essentially that it has an interest in intervening in this case inasmuch as the economic and social structure of the Autonomous Community of Galicia relies essentially on the fishing industry. It refers to the Spanish Constitution of 1978 and its Statute of Autonomy and asserts that it is incumbent on it to defend its identity and its interests not only before national bodies but also before international bodies whose decisions could affect it, as in the present case.

3 The application to intervene was served on the parties in accordance with Article 116 of the Rules of Procedure.

4 By letter lodged at the Registry of the Court of First Instance on 25 March 1996 the applicants informed the Court that they agreed to the intervention of the Xunta de Galicia.

5 By letter lodged at the Registry of the Court of First Instance on 22 March 1996, the Council raised an objection to the Xunta de Galicia' s intervention. While it did not deny that the Xunta had an indirect interest in the case on account of the serious employment problems faced by the fishing industry, the Council none the less considered that the Xunta de Galicia is not directly and individually concerned either by Council Regulation (EC) No 1761/95 of 29 June 1995 amending, for the second time, Regulation (EC) No 3366/94 laying down for 1995 certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries, inasmuch as it establishes the quota for Greenland halibut for the Community fleet (OJ 1995 L 171, p. 1) or by the bilateral fishing agreement concluded between the European Union and Canada. Moreover, the application to intervene contains only political rather than legal arguments with regard to the disputed acts.

6 Under the second paragraph of Article 37 of the EEC Statute of the Court of Justice, the right to intervene in cases before the Court of First Instance is open to any person establishing an interest in the result of the case.

7 For the reasons set out in paragraph 2 above, the Xunta de Galicia has the requisite interest to intervene in the case before the Court of First Instance. Furthermore, the allegation by the Council as to the absence of pleas and legal arguments in the application to intervene cannot justify dismissal of the application, since a requirement that pleas and legal arguments be set out is not one of the conditions under Article 115 of the Rules of Procedure.

Operative part

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE hereby orders:

3. A period shall be prescribed within which the intervener must state, in writing, the pleas relied on in support of the form of order which it seeks.

Luxembourg, 25 June 1996.