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Document 62022TN0648
Case T-648/22: Action brought on 13 October 2022 — ClientEarth v Council
Case T-648/22: Action brought on 13 October 2022 — ClientEarth v Council
Case T-648/22: Action brought on 13 October 2022 — ClientEarth v Council
OJ C 482, 19.12.2022, p. 25–26
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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, |
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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:
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3. |
Third plea in law, alleging manifest errors of assessment regarding the Council’s obligations to:
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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). |