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Document 62016TA0458

    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)

    IO C 5, 8.1.2018, p. 34–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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.


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