This document is an excerpt from the EUR-Lex website
Document 62021TO0254
Order of the General Court (Eighth Chamber) of 25 July 2022.
Armadora Parleros, SL v European Commission.
Non-contractual liability – Common fisheries policy – Failure by the Commission to exercise its powers of control covered by the applicable legislation – Engine power of boats – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage – Causal link – Limitation period – Action manifestly inadmissible.
Case T-254/21.
Order of the General Court (Eighth Chamber) of 25 July 2022.
Armadora Parleros, SL v European Commission.
Non-contractual liability – Common fisheries policy – Failure by the Commission to exercise its powers of control covered by the applicable legislation – Engine power of boats – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage – Causal link – Limitation period – Action manifestly inadmissible.
Case T-254/21.
ECLI identifier: ECLI:EU:T:2022:486
Order of the General Court (Eighth Chamber) of 25 July 2022 –
Armadora Parleros v Commission
(Case T‑254/21) ( 1 )
(Non-contractual liability – Common fisheries policy – Failure by the Commission to exercise its powers of control covered by the applicable legislation – Engine power of boats – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage – Causal link – Limitation period – Action manifestly inadmissible)
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Actions for damages – Limitation period – Point from which time starts to run – Liability for an individual measure – Date on which the harmful effects of the measure with regard to the person concerned became apparent – Account taken of a subjective assessment of the reality of the damage – Not permissible (Art. 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.) (see paragraphs 28-31, 36, 37) |
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Non-contractual liability – Conditions – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Rule of law intended to confer rights on individuals –Definition – Rules on the Commission’s powers to control the implementation of the Common Fisheries Policy – Not included (Art. 17 TEU; Art. 340, second para., TFEU; European Parliament and Council Regulation No 1380/2013, Art. 22(4), second subpara.; Council Regulation No 1224/2009, Arts 38 to 41 and 118; Commission Regulation No 1281/2005, Arts 3 and 7) (see paragraphs 44, 45, 47, 49-52) |
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Non-contractual liability – Conditions – Unlawfulness – Commission not initiating a proceeding for failure to fulfil obligations – Act not amounting to unlawfulness – Actions for damages – Inadmissibility (Arts 258 and 340, second para., TFEU) (see paragraphs 48, 58, 59) |
Operative part
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1. |
The action is dismissed as being manifestly inadmissible and, in any event, manifestly lacking any foundation in law. |
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Armadora Parleros SL shall pay the costs. |
( 1 ) OJ C 252, 28.6.2021.