Case T-458/16: Action brought on 28 July 2016 — Acquafarm v Commission
Date: 2016-07-28
Institutions: General Court
Subjects: Andalusia, crustacean farming, export restriction, financial aid, import restriction, indemnification, investment aid, market approval, national law, research and development








C_2016419EN.01004701.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/47





Action brought on 28 July 2016 — Acquafarm v Commission
(Case T-458/16)
(2016/C 419/63)
Language of the case: Spanish

Parties


Applicant: Acquafarm, SL (Huelva, Spain) (represented by: A. Pérez Moreno, lawyer)

Defendant: European Commission

Form of order sought

The applicant requests that the General Court award it compensation for the damage caused by the lack of coordination of administrative action relating to the aquaculture facility, located in Gibraleón (Huelva), which resulted in serious injury to the legitimate expectations placed in that entity, arising as a result of the grant of aid for the implementation of an aquaculture project, which, in parallel, the European Union makes unviable as a result of a ban on the export of the species for the breeding of which the facilities are being built.

Pleas in law and main arguments

The applicant in the present proceedings is a company dedicated to research, innovation and industrial development in the field of aquaculture; it was created in 2004 for the implementation of an aquaculture project for the breeding and marketing of the Cherax Cuadricarinatus shellfish (Australian freshwater lobster). That project was awarded the corresponding aid from the European Union in accordance with the provisions set out in Commission Regulation (EC) No 498/2007 of 26 March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006 on the European Fisheries Fund (OJ 2007 L 120, p. 1).
In support of its action, the applicant relies on Article 340 of the Treaty on the Functioning of the European Union and, for consideration thereof, on Spanish law on administrative responsibility, as stated in Article 106 of the Constitution and Articles 139 and following of Ley 30/92, de 26 de noviembre, de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común (Law 30/92 of 26 November on the legal rules governing public authorities and the common administrative procedure).
In that regard, the applicant states that:






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The aid received had been allocated to works in the aquaculture industry, since neither the implementation of the project carried out with that aid or the investments made had ever met any obstacles.










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Once the project was in the final stages of implementation, the company received notification from Australia that it was not possible to import the relevant species to the European Union as a result of the provisions of Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (OJ 2008 L 337, p. 41).










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As a result, the company has suffered various forms of injury, as made clear in the evidence adduced, amounting to a total of EUR five million.