CELEX: 62016TA0458
Language: en
Date: 2017-11-16 00:00:00
Title: Case T-458/16: Judgment of the General Court of 16 November 2017 — Acquafarm v Commission (Non-contractual liability — Fisheries — Operational programme financed by the European Union — EU rules prohibiting imports of crustaceans from Australia — Sufficiently serious breach of a rule of law conferring rights on individuals — Omission to act — Legitimate expectations)

8.1.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 5/34
            
         Judgment of the General Court of 16 November 2017 — Acquafarm v Commission
   (Case T-458/16) (1)
   
   ((Non-contractual liability - Fisheries - Operational programme financed by the European Union - EU rules prohibiting imports of crustaceans from Australia - Sufficiently serious breach of a rule of law conferring rights on individuals - Omission to act - Legitimate expectations))
   (2018/C 005/45)
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Acquafarm, SL (Huelva, Spain) (represented by: A. Pérez Moreno, lawyer)
   
      Defendant: European Commission (represented by: P. Arenas, I. Galindo Martín and F. Moro, Agents)
   
      Re:
   
   Action under Article 268 TFEU claiming compensation for the injury allegedly suffered by the applicant as a result of the impossibility of completing an aquaculture project involving crustaceans from Australia and co-financed on the basis of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ 2006 L 223, p. 1) by reason of the ban on importing those crustaceans in accordance with 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).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Acquafarm, SL to bear its own costs and to pay those incurred by the European Commission.
            
         
      (1)  OJ C 419, 14.11.2016.