Source: All England Reporter
Publisher Citation: [2008] All ER (D) 253 (Apr)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (President), Tizzano, Borg Barthet, Ilesic, and Levits
Judgment Dates: 17 April 2008

Catchwords

European community - Commission - Decision - Fishing - Requests to increase objectives of multiannual guidance programme - Commission decision refusing improvement to vessels - Actions for annulment - Dismissal of application for annulment - Admissibility - Whether applicants directly and individually concerned - Council Decision (EC) 97/413, art 4(2).

The Case

In the instant case, the Court of First Instance had erred in law in holding that the applicants, who were owners of vessels forming part of the Irish fishing fleet, did not have an interest in bringing an action for anullment of a decision refusing their requests to approve an increase in their vessels' capacity, on the ground that, at the date of the contested decision, they had not had the vessels built, so that at the date of that decision they were not owners of the vessels. The court of First Instance had also erred in holding that the applicants were not individually concerned on the ground that, at the date of the contested decision, they had not had the vessels built. The contested decision would, accordingly, be annulled.

Practice Areas

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