Judgment of the Court (Sixth Chamber) of 13 December 2007 – Spain v Council

(Case C‑184/06)

Fisheries – Regulation (EC) No 51/2006 – Allocation of catch quotas among Member States – Act of Accession of the Kingdom of Spain – End of the transitional period – Requirement of relative stability – Principle of non-discrimination – New fishing opportunities

1.                     Community law – Principles – Equal treatment – Discrimination on grounds of nationality (Act of Accession of 1985; Council Regulation No 51/2006) (see paras 32-37)

2.                     Accession of new Member States of the European Communities – Spain – Fisheries (Act of Accession of 1985, Arts 156 to 164; Council Regulation No 51/2006) (see paras 44, 46-48)

Re:

Annulment of Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2006 L 16, p. 1) – Discrimination – Application of Article 20(2) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2002 L 358, p. 59).

Operative part

The Court:

Dismisses the action;

Orders the Kingdom of Spain to pay the costs;

Orders the Commission of the European Communities to bear its own costs.