In a judgment handed down on Wednesday 23 July (case T-1049/23), the General Court found in favour of the French NGO Bloom, overturning the European Commission’s decision to refuse to re-examine its objection to an Indian Ocean Tuna Commission (IOTC) resolution aimed at improving the rules governing the use of fish aggregating devices (FADs).
The Commission had ruled Bloom’s application inadmissible, considering that its objection to IOTC Resolution 23/02 did not constitute an act that could infringe environmental law. The General Court rejected this position, considering that this objection “could have a negative effect” on the Union’s environmental objectives and therefore fell within the scope of the Aarhus Regulation on access to environmental justice.
The Commission’s refusal prevented the resolution (to reduce the use of FADs) from becoming binding on the EU (see EUROPE 13412/11). The General Court found that this refusal constituted an error of law. The Commission will now have to examine Bloom’s substantive arguments, which include a breach of the precautionary principle and the rules of the common fisheries policy.
Further information (in French): https://aeur.eu/f/hz3 (Original version in French by Lionel Changeur)