T-138/98

ACAV AND OTHERS V COUNCIL

ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF FIRST INSTANCE 3 June 1999 *

In Case T-138/98,

Armement Coopératif Artisanal Vendéen (ACAV), a cooperative constituted under French law, established at Sables d'Olonne (France), Alain André, shipowner, residing on the Island of Yeu (France), Thierry Arnaud, shipowner, residing on the Island of Yeu, Alain Augereau, shipowner, residing on the Island of Yeu, Jean-Luc Bernard and Angélique Bernard, shipowners, residing on the Island of Yeu, Pascal Burgaud, shipowner, residing on the Island of Yeu, José Burgaud, shipowner, residing on the Island of Yeu, Bruno Chiron and Jean Noury, shipowners, residing on the Island of Yeu, Fabien Gaillard, shipowner, residing on the Island of Yeu, Bruno Girard, shipowner, residing on the Island of Yeu, Denis Groisard, shipowner, residing on the Island of Yeu, Fabrice Groisard, shipowner, residing on the Island of Yeu, Armement Islais SARL, a company incorporated under French law, established on the Island of Yeu, Marc Jolivet, shipowner, residing on the Island of Yeu, Yannick Orsonneau, shipowner, residing on the Island of Yeu, Christian Rafin, shipowner, residing on the Island of Yeu, Eric Rivalin, shipowner, residing on the Island of Yeu, Éric Taraud, shipowner, residing on the Island of Yeu, Fernand Voisin and Alain Voisin, shipowners, residing on the Island of Yeu, Patrick Voisin, shipowner, residing on the Island of Yeu, Yeu Pêcheries SA, a company incorporated under French law, established on the Island of Yeu, Bernard Zereg, shipowner, residing on the Island of Yeu,

French Republic, represented by Jean-François Dobelle, Deputy Director of Legal Affairs in the Ministry of Foreign Affairs, Christina Vasak, Undersecretary for Foreign Affairs in the Legal Affairs Directorate, Kareen Rispal-Bellanger, Sub- director in the same Directorate, and Claude Chavance, Secretary for Foreign Affairs, acting as Agents, with an address for service in Luxembourg at the French Embassy, 8B Boulevard Joseph II,

intervener,

ν

Council of the European Union, represented by John Carbery and Lauri Railas, of the Legal Service, acting at Agents, with an address for service in Luxembourg at the office of Alessandro Morbilli, General Counsel of the Legal Affairs Directorate in the European Investment Bank, 100 Boulevard Konrad Adenauer,

defendant, II - 1800

ACAV AND OTHERS V COUNCIL

ORDER OF 3. 6. 1999 — CASE T-138/98

2 By separate document lodged at the Court Registry on 29 October 1998, the Council raised an objection of inadmissibility under Article 114 of the Rules of Procedure. On 11 January 1999 the applicants submitted their observations on that objection.

3 By application lodged at the Court Registry on 11 November 1998 the French Republic sought leave to intervene in support of the form of order sought by the applicants.

4 By order of the President of the First Chamber dated 30 November 1998 the French Government was granted leave to intervene in support of the form of order sought by the applicants.

5 By application lodged at the Court Registry on 24 December 1998 the Kingdom of Spain, represented by Silva de Lapuerta, Abogado del Estado, of the Department for Community Legal Affairs, acting as Agent, with an address for service in Luxembourg at the Spanish Embassy, 4-6 Boulevard Emmanuel Servais, sought leave to intervene in support of the form of order sought by the Council.

7 By application lodged at the Court Registry on 25 January 1999 the Municipality of the Island of Yeu, represented by René Houssin, of the Nantes Bar, with an address for service in Luxembourg at the Chambers of Jacques Neuen, 1 Place du Théâtre, sought leave to intervene in support of the form of order sought by the applicants. It claims that its economic and social structure is essentially dependent on the fishing sector and in particular tuna-fishing. More than half of the 45 vessels authorised to use driftnets in France are established on the Island of Yeu. The Island of Yeu's specific interest in the resolution of the dispute is moreover attested by the Commission communication of 8 April 1994 on the use of large driftnets under the common fisheries policy (COM (94) 50 final) in which it is stated as follows: 'The Island of Yeu poses a particular problem: 21 vessels used driftnets to fish for albacore in 1993, of which 15 benefited from the derogation. This gear accounts for a significant proportion of fishing activity, itself the linchpin of the island's economy. If driftnetting for albacore were to cease, apart from temporary measures to help avert an immediate crisis, a comprehensive plan would have to be worked out for exploring all the alternative forms of employment and, once the solutions had been selected, for providing the requisite funding.'

8 By application lodged at the Court Registry on 3 February 1999 the Commission of the European Communities, represented by Gérard Berscheid, of its Legal Service, and Thomas van Rijn, Legal Adviser, acting as Agents, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg, sought leave to intervene in support of the form of order sought by the Council.

Findings of the Court

12 Under the first paragraph of Article 37 of the EC Statute of the Court of Justice, rendered applicable to the Court of First Instance by the first paragraph of Article 46 thereof, the Member States and Community institutions may intervene in disputes before the Court of First Instance. Since the applications for leave to intervene submitted by the Kingdom of Spain, the Commission and Ireland were made in accordance with Article 115 of the Rules of Procedure, they must be granted.

13 Under the second paragraph of Article 37 of the Statute of the Court of Justice any person establishing an interest in the result of the case is also entitled to intervene in cases before the Court of First Instance. II - 1804

ACAV AND OTHERS V COUNCIL

15 As regards applications for leave to intervene submitted by local or regional entities, the Court of Justice has thus held that regions defending the interests of traders established on their territory established the interest required in order to intervene in actions against Commission decisions abolishing preferential transport tariffs exclusively favouring, in one case, undertakings established on their territory or in the other case applicable solely to goods produced or processed on their territory (orders of the President of the Fifth Chamber of the Court of Justice of 17 December 1992 in Case C-6/92 Pedermineraria and Others v Commission (not published in the ECR)). Similarly, the Court of First Instance has held that regional entities a part of whose territory bore the name of the geographical designation registered by the contested regulation in the context of the dispute before it (order of the President of the Second Chamber of 24 March 1998 in Case T-109/97 Molkerei Großbraunshein and Bene Nahrungsmittel v Commission (not published in the ECR, paragraph 11), or the economic and social structure of which was established as being essentially dependent on the sector affected by the contested regulation (order of the President of the Fifth Chamber in Case T-194/95 Intv I Area Cova and Others v Council [1996] ECR 11-591, paragraphs 2 and 7) established the interest required for intervening.

16 In light of that case-law it should be pointed out, first of all, that, inasmuch as the contested regulation imposes a ban with effect from 1 January 2002 on the use by fishing vessels of driftnets for catching certain species of fish, it is likely to affect II - 1805

20 However, it has not been demonstrated, nor moreover has it been alleged, that the economic and social structure of the Department of the Vendée as a whole is essentially dependent on those activities. The general interest which the Department may have in obtaining a favourable result as far as the prosperity of the undertakings established on the Island of Yeu is concerned and, as a result, as regards the level of employment in the geographical area where those undertakings carry on their activities, cannot in itself justify an intervention in the II - 1806

ACAV AND OTHERS V COUNCIL

proceedings under the conditions laid down in the abovementioned case-law, such interest being indirect and remote (see order in Ludwigshafener Walzmühle Erling v Council and Commission, cited above, paragraphs 8 and 9). Moreover, the arguments put forward by the Department of the Vendée in support of its application for leave to intervene are based not on a direct interest in the result of the case but on the presumed interest of another intervening party, in this case the Island of Yeu.

21 It follows from the foregoing that the application by the Department of the Vendée for leave to intervene must be rejected but that the like applications made by the ITA members and by the Island of Yeu must on the other hand be granted.

22 Since the defendant has lodged an objection of inadmissibility on which a decision has yet to be given, it is appropriate as a first step to hear the case put forward on that point by the intervening parties, except for the French Republic which already submitted its observations in a pleading lodged at the Registry on 2 February 1999.

hereby orders:

1. The application for leave to intervene by the Department of the Vendée is refused.

2. The Department of the Vendée, the applicants and the defendant shall bear their own costs in connection with the application for leave to intervene made by the Vendée.

3. The Kingdom of Spain and the Commission are granted leave to intervene in Case T-138/98 in support of the form of order sought by the defendant. II - 1808

ACAV AND OTHERS V COUNCIL

4. Ireland, the Municipality of the Island of Yeu, together with Thomas Kennedy and the 13 other applicants for leave to intervene, whose names are listed in the annex hereto, are granted leave to intervene in Case T-138/98 in support of the form of order sought by the applicants.