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Action for annulment – Regulation (EC) No 809/2007 – Definition of the concept of drift nets – ‘Thonaille’ – Duty to state reasons – Infringement of the principles of proportionality and non-discrimination
1. Fisheries – Conservation of the resources of the sea – Technical conservation measures – Prohibition on pelagic driftnets more than 2.5 kilometres long (Council Regulation No 809/2007) (see paras 36-38, 43-45)
3. Fisheries – Conservation of the resources of the sea – Technical conservation measures – Prohibition on pelagic driftnets more than 2.5 kilometres long (Council Regulation No 809/2007) (see paras 63-70)
Action for annulment – Annulment of Council Regulation (EC) No 809/2007 of 28 June 2007 amending Regulations (EC) No 894/97, (EC) No 812/2004 and (EC) No 2187/2005 as concerns drift nets (OJ 2007 L 182, p. 1) – Concept of ‘drift nets’ – Inclusion in that concept of stabilised nets such as the ‘thonaille’ – Infringement of the obligation to provide reasons and of the principles of proportionality and non-discrimination.
The Court:
1.Dismisses the action;
2.Orders the French Republic to pay the costs;
3.Orders the Commission of the European Communities to bear its own costs.