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Judgment of the Court (Third Chamber) of 5 March 2009.#French Republic v Council of the European Union.#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.#Case C-479/07.

ECLI:EU:C:2009:131

62007CJ0479

March 5, 2009
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(Case C‑479/07)

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)

Re:

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.

Operative part

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.

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