Luxembourg, 15/05/2007 (Agence Europe) - The Court of First Instance has rejected the action brought by Spain against the Commission. Spain maintained that EC Regulation No 494/2002 was discriminatory in so far as it gave dispensation to certain restrictions on hake fishing to vessels under 12m in length returning to port within 24 hours after departure from port (T-99/05). According to Spain, fishing fleets of other member states would be at an advantage as they have more vessels meeting the above criteria and which are therefore exempt from restrictions. In its ruling of 10 May, however, the Court of First Instance stressed that it is just as difficult to gain access to the waters concerned for small boats from several other member states, so that these fleets fall into the same case. Also, the smaller Spanish vessels generally keep to the waters off the Iberian Peninsula, which are not affected by restrictions. The ruling is not therefore in breach of the principle of non-discrimination. (cd)