# C_2008272EN.01003803.xml

| 25.10.2008 | EN | Official Journal of the European Union | C 272/38 |
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25.10.2008

EN

Official Journal of the European Union

C 272/38

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Action brought on 12 August 2008 — Ligny Pesca di Guaiana Francesco and Others v Commission

(Case T-330/08)

(2008/C 272/78)

Language of the case: Italian

Parties

Applicants: Ligny Pesca di Guaiana Francesco e C. Snc (Trapani, Italy), Macaluso Gaetano (Palermo, Italy), Gallo (Salerno, Italy), Severino Pesca (Salerno, Italy), Gallo Pesca (Salerno, Italy), Fulvia di Pappalardo Luigi Matteo (Cetara, Italy), Federazione Nazionale delle Imprese di Pesca (Rome, Italy) (represented by: A. Clarizia and P. Ziotti, lawyers)

Applicants:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Allow the claims set out in the introduction to the application and, consequently, annul the Regulation which has imposed a ban, as from 16 June 2008, on fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea by purse seiners flying the Italian flag (Article 1 of the Regulation) and has prohibited Community operators, as from 16 June 2008, from accepting landings, placing in cages for fattening or farming, or transhipments in Community waters or ports of bluefin tuna caught in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by such vessels (Article 3(1) of the Regulation). |
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Allow the claims set out in the introduction to the application and, consequently, annul the Regulation which has imposed a ban, as from 16 June 2008, on fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea by purse seiners flying the Italian flag (Article 1 of the Regulation) and has prohibited Community operators, as from 16 June 2008, from accepting landings, placing in cages for fattening or farming, or transhipments in Community waters or ports of bluefin tuna caught in the Atlantic Ocean, east of longitude 45° W, and the Mediterranean Sea by such vessels (Article 3(1) of the Regulation).

| — | Order the Commission to pay the costs of the proceedings, pursuant to Article 87 of the Rules of Procedure of the Court of First Instance, including the applicants' legal assistance costs |
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Order the Commission to pay the costs of the proceedings, pursuant to Article 87 of the Rules of Procedure of the Court of First Instance, including the applicants' legal assistance costs

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Cast T-305/08 Italian Republic v Commission and Case T-313/08 Veromar di Tudisco Alfio & Salvatore S.n.c. v Commission. In particular, it is submitted that the legal basis of the contested regulation is incorrect, in so far as Article 7 of Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2002 L 358, p. 59) is not appropriate for the purpose of adopting the measures in the contested regulation, for which recourse should have been had to Article 26(2) and (3) of Regulation No 2371/2002.

Italian Republic

Commission

Veromar di Tudisco Alfio & Salvatore S.n.c.

Commission

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