Case T-220/07: Order of the Court of First Instance of 19 May 2008 — Transports Schiocchet — Excursions v Commission (Action for damages — Limitation period — Article 46 of the Statute of the Court — Inadmissibility)
Date: 2008-05-19
Institutions: Court of First Instance
Subjects: France, Luxembourg, action for annulment (EU), bus, carriage of passengers, international road transport

19.7.2008

EN

Official Journal of the European Union

C 183/21

Re:

2. Transports Schiocchet — Excursions SARL shall bear the costs.

Annulment of Commission Regulation (EC) No 147/2007 of
15 February 2007 adapting certain fish quotas from 2007 to
2012 pursuant
to Article 23(4) of Council Regulation (EC)
No 2371/2002 on the conservation and sustainable exploitation
of
the Common Fisheries Policy
(OJ 2007 L 46, p. 10)

resources under

fisheries

(1) OJ C 199 of 25.8.2007.

Operative part of the order

1. The action is dismissed as being inadmissible.

2. The applicants, Atlantic Dawn Ltd and Others, shall bear their

own costs and pay those incurred by the Commission.

3. The Kingdom of Spain shall bear its own costs.

(1) OJ C 170, 21.7.2007.

Action brought on 3 January 2008 — EMSA v Portugal

(Case T-4/08)

(2008/C 183/44)

Language in which the application has been lodged: English

Parties

Applicant: European Maritime Safety Agency (EMSA)
sented by: Professor E. Pache, and J. Menze, Agent)

(repre-

Order of the Court of First Instance of 19 May 2008 —
Transports Schiocchet — Excursions v Commission

Defendant: Republic of Portugal

(Case T-220/07) (1)

(Action for damages — Limitation period — Article 46 of the
Statute of the Court — Inadmissibility)

Form of order sought

(2008/C 183/43)

Language of the case: French

Parties

Applicant: Transports Schiocchet — Excursions SARL (Beuvillers,
France) (represented by: D. Schönberger, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier and N. Yerrell, Agents)

Re:

Application for damages for the harm allegedly suffered by the
applicant as a result of various alleged illegal acts complained of
against the Community institutions.

Operative part of the order

1. The action is dismissed as inadmissible.

The European Maritime Safety Agency applies for a judgment of
the Court of First Instance under Article 14, sentence 2, of the
Seat Agreement establishing that:

— The Portuguese Government is bound by the provisions of
the Seat Agreement which is an instrument of public inter-
law within the sphere of Community law and
national
which cannot be modified or changed unilaterally by
Portugal, including by means of national legislation;

— according to the Seat Agreement, the Portuguese Govern-
ment is obliged to secure that staff of the European Maritime
Safety Agency and their family members have the right to
import from their last country of residence or from the
free of duty and
country of which they are nationals,
without prohibitions or restrictions,
initial
establishment, within five years of taking up their appoint-
ments with the Agency and in a maximum of two ship-
ments, vehicles purchased under market conditions in the
county in question and that the past and current application
of this provision of the Seat Agreement by the relevant
Portuguese authorities does not fulfil this obligation;

in respect of

in particular, that the Portuguese Government is obliged to
register, following application, under a special series free of
duty and without prohibitions or restrictions, vehicles of
staff members of the Agency and their families purchased
under market conditions in the country of previous resi-
dence or in the country of which they are nationals;