CELEX: 62021TN0254
Language: en
Date: 2021-05-10 00:00:00
Title: Case T-254/21: Action brought on 10 May 2021 — Armadora Parleros v Commission

28.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/31
            
         
      Action brought on 10 May 2021 — Armadora Parleros v Commission
      (Case T-254/21)
      (2021/C 252/42)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: Armadora Parleros, SL (Santa Eugenia de Ribeira, Spain) (represented by: J. Navas Marqués, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  declare that the European Commission has infringed Article 118 of Regulation No 1224/2009 regulating the common fisheries policy (CFP), through a failure to act, by not carrying out an adequate control and monitoring as to whether that regulation has been correctly applied by the Kingdom of Spain, which may constitute an act adversely affecting the applicant ARMADORA PARLEROS, S.L.;
               
            
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                  declare that the infringement by the Commission has caused damage to the applicant ARMADORA PARLEROS, S.L., consisting in loss of profit from mackerel and hake fishing during the period from 2006 to 2020;
               
            
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                  order the European Commission to pay the commercial entity ARMADORA PARLEROS, S.L. the sum of NINE MILLION, EIGHT HUNDRED AND EIGHTY-ONE THOUSAND, FOUR HUNDRED AND THIRTY-FOUR EURO AND SIXTY-ONE CENTS (EUR 9 881 434,61) as compensation for damage, together with interest at the statutory rates, and capitalisation of the above interest;
               
            
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                  order the European Commission to pay all the legal costs incurred.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on a single plea in law.
      The applicant effectively complains of illegal conduct on the part of the European Commission. That relates, in particular, to the Commission’s failure to carry out its duty of monitoring and control regarding the Kingdom of Spain in relation to the effective application of the CFP, and specifically of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1), and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ 2009 L 343, p. 1). Particular reference is made in that respect to ‘the failure to verify the engine power of the trawlers which operate in the waters of the Cantabrian and North-western regions’.
      As a result of that failure to act, the applicant suffered damage between 2006 and 2020 due to the fact that it was not possible to make use of the vessel ‘Vianto Tercero’ which, due to an incorrect application of the CFP, had to be scrapped and, consequently, became completely unusable. That caused financial loss to the company ARMADORA PARLEROS, S.L.