Case T-366/08: Action brought on 2 September 2008 — Federcoopesca and Others v Commission
Date: 2008-09-02
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), fishing area, fishing industry, fishing rights, penalty, sea fish

22.11.2008

EN

Official Journal of the European Union

C 301/43

the present application,

By means of
the applicant seeks,
pursuant to Article 230 EC, the annulment of the Commission's
decision of 19 June 2008, granting partial access to its request
and refusing to allow access to one of the documents for which
the applicant applied under Regulation (EC) No 1049/2001 of
the European Parliament and of the Council.

The applicant claims that the Commission committed an error
of law by applying Article 4(1)(a), third indent of Regulation
(EC) No 1049/2001 to a purely intra-EU relationship. Moreover,
the applicant submits that the Commission committed a mani-
fest error of law in considering that the content of Mr Schrö-
der's letter was confidential to such an extent that its disclosure
would jeopardise the economic policy of Germany and other
EU Member States. Further, the applicant contends that the
Commission committed manifest errors of assessment in consid-
ering that the disclosure of the letter would compromise the
decision-making process and, finally, by not considering public
interest as overriding the confidential nature of
is decision-
making process.

(1) Case C-64/05 P Kingdom of Sweden v Commission [2007] ECR 11389.
(2) Council Directive 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora (OJ 1992 L 206,
p. 7).

(3) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ 2001 L 145,
p. 43).

Action brought on 2 September 2008 — Federcoopesca
and Others v Commission

(Case T-366/08)

(2008/C 301/73)

Language of the case: Italian

Parties

Applicants: Federazione Nazionale delle Cooperative della Pesca
(Federcoopesca) (Rome, Italy); Pappalardo (Cetara, Italy); Pesca-
tori La Tonnara (Cetara, Italy); Fedemar (Cetara, Italy); I Ciclopi
di Tudisco Matteo (Catania, Italy); Testa (Catania, Italy); Pescatori
San Pietro Apostolo, Camplone (Pescara,
Italy), and Pesca
(Pescara, Italy) (represented by: P. Cavatola, V. Cannizzaro and G.
Micucci, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— annul Commission Regulation (EC) No 530/2008 of 12 June
2008 establishing emergency measures as regards purse

seiners fishing for bluefin tuna in the Atlantic Ocean, east of
longitude 45° W, and in the Mediterranean Sea;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and principal arguments are similar to those
relied on in Case T-305/08 Italian Republic v Commission
and Case T-313/08 Veromar di Tudisco Alfio & Salvatore snc v
Commission.

Action brought on 26 August 2008 — Atlantean v
Commission

(Case T-368/08)

(2008/C 301/74)

Language of the case: English

Parties

Applicant: Atlantean Ltd (Killybegs,
(represented by:
M. Fraser, D. Hennessy, Solicitors, G. Hogan SC, E. Regan, and
C. Toland, Barristers)

Ireland)

Defendant: Commission of the European Communities

Form of order sought

— Annul Commission Decision C(2008) 3236 of 26 June
2008 addressed to Ireland responding to the request by
Ireland concerning the Atlantean;

— Order the Commission to pay the applicant's costs of these

proceedings.

Pleas in law and main arguments

In the present case, the applicant is bringing an action for
partial annulment of Commission Decision C(2008) 3236 final
of 26 June 2008 which provided for the rejection of the request
the applicant's vessel Atlantean to
by Ireland in respect of
increase capacity under
the fourth multi-annual guidance
programme (MAGP IV) applicable for the reasons of improve-
ments in safety, navigation at sea, hygiene, product quality and
working conditions for vessels of more than 12 m in length
overall. The first Commission Decision 2003/245/EC of 4 April
2003 (1) rejecting the request by Ireland was annulled by the
Court's judgment of 13 June 2006 in so far as it applied to the
applicant's vessel Atlantean (2).