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ZCVRLA
Case C-128/15
Kingdom of Spain
V
Council of the European Union
(Actions for annulment - Fisheries - Regulation (EU) No 1380/2013 - Regulation (EU)
No 1367/2014 - Validity - Fishing opportunities - Precautionary approach - Principle of relative
stability of fishing activities - Principle of proportionality - Principle of equal treatment -
Roundnose grenadier and roughhead grenadier)
Summary - Judgment of the Court (Fifth Chamber), 11 January 2017
1. Fisheries - Conservation of the resources of the sea - System of fishing quotas - Allocation of
fishing opportunities among the Member States - Council's margin of discretion -
Judicial review - Limits - Adoption total allowable catch for fish species in the absence of
conclusive scientific information as to the need for the measure - Lawfulness
(European Parliament and Council Regulation No 1380/2013, Art. 6(2); Council Regulation
No 1367/2014, Annex)
2. Fisheries - Conservation of the resources of the sea
System offishing quotas
(European Parliament and Council Regulation No 1380/2013, Recitals 35 and 36 and Art. 16)
3. EU law - Principles - Proportionality - Scope
of common agricultural policy - Judicial review -
(Arts 40 TFEU and 43 TFEU)
- Discretion of the EU legislature in the area
Limits
4. EU law
policy
Principles - Non-discrimination
Application in the area of common agricultural
(Art. 38(1), second para., TFEU and 40(2), second para., TFEU)
1. When it is fixing total allowable catches [TACs] and allocating fishing opportunities among the
Member States, the Council has to evaluate a complex economic situation, for which it has broad
discretion. In such circumstances, the Council's discretion is not limited to the nature and scope of
the measures to be taken but extends, to some degree, to the finding of the basic facts. In reviewing
the exercise of such a power, the Court must confine itself to examining whether there has been a
manifest error or misuse of power or whether the authority in question has clearly exceeded the
bounds of its discretion.
In that regard, although Article 6(2) of the same regulation establishes an obligation to 'take account'
of available scientific, technical and economic advice when adopting conservation measures, it does
not prevent the EU legislature from adopting such conservation measures where there is no conclusive
ECLI:EU:C:2017:3
Reports of Cases
Aim
1](ViewImageLocal?handle=hein.intyb/rcbjcofi0387&div=1&collection=&method=preview&ext=.png&size=3)