Case T-648/22: Action brought on 13 October 2022 — ClientEarth v Council
Date: 2022-10-13
Institutions: General Court
Subjects: abuse of power, common fisheries policy, fishing rights, powers of the institutions (EU), precautionary principle, sea fish, sustainable fisheries








C_2022482EN.01002501.xml










19.12.2022   


EN


Official Journal of the European Union


C 482/25






Action brought on 13 October 2022 — ClientEarth v Council
(Case T-648/22)
(2022/C 482/34)
Language of the case: English

Parties


Applicant: ClientEarth AISBL (Brussels, Belgium) (represented by: C. Ziegler, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul the decision dated 3 August 2022 (SGS 22/3264) in relation to the request for internal review under Title IV of the Aarhus Regulation in relation to Council Regulation (EU) 2022/515 of 31 March 2022 amending Regulation (EU) 2022/109 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non- Union waters (OJ 2022, L 104, p. 1); and,










—


order the Council to bear its own costs and pay those incurred by the applicant.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging a manifest error of law and of assessment as regards the scope of the applicant’s access to review rights under the Aarhus Regulation, due to the Council having found that the applicant’s pleas that the Council lacked competence and misused its powers in adopting the Amending TAC Regulation were inadmissible for falling outside the scope of Article 10 of the Aarhus Regulation.










2.


Second plea in law, alleging manifest errors of law and of assessment as regards essential elements of secondary law and the scope of the Council’s competence to set TACs under Article 43(3) TFEU, due to the Council having committed:






—


a manifest error of law as regards the alleged impact of the Trade and Cooperation Agreement on the Council’s competence to set TACs in contradiction to the EU’s fisheries legislation;










—


manifest errors of law as regards the margin of discretion it has to set fishing opportunities, as limited by the overarching MSY Objective of Article 2(2) of the CFP Basic Regulation; and










—


manifest errors of law and of assessment regarding the limits of its competence under Article 43(3) TFEU.














3.


Third plea in law, alleging manifest errors of assessment regarding the Council’s obligations to:






—


implement the precautionary approach, as commanded by the 1st and 2nd subparagraphs of Articles 2(2), as well as by Articles 4(1)(8) and 9(2) of the CFP Basic Regulation, and strictly limited by the MSY Objective;










—


implement the ecosystem-based approach as required by Article 2(3) of the CFP Basic Regulation.














4.


Fourth plea in law, alleging a manifest error of assessment regarding the misuse of powers committed by the Council when adopting the Council Regulation (EU) 2022/515 of 31 March 2022 amending Regulation (EU) 2022/109 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non- Union waters (OJ 2022, L 104, p. 1).