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Short
title |
Spain v Council |
|
|
Parties |
Kingdom of
Spain |
|
| v |
|
|
Council of the European Union |
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|
Forum |
European Court of Justice |
|
|
Date |
17 March 2005 |
|
|
Reported |
curia.eu.int [Case C-91/03] |
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|
Casenote |
Briefly
Noted
IFLPR 2(2) |
|
|
Abstract |
|
|
Spain claimed that the Court should annul point 6 of Annex I to
the basic CFP Regulation (Council
Regulation 2371/2002) on the grounds it infringed the 1985 Act
of Accession of Spain (which contained transitional arrangements
which ended on 31 December 2002) and the principle of
non-discrimination, by restricting access by Spanish vessels to
the zone within 12 nautical miles of the French coast. The Court
held that although the transitional arrangements in the Act of
Accession had expired, it did not follow that the Community
legislature could not adopt the contested rule under its
competence conferred by the EC Treaty. In looking at the contest
measure, the Court found no breach of the principle of
non-discrimination and rejected Spain's application.
|
|
| |
Bibliographic references |
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