16.4.2018

EN

Official Journal of the European Union

C 134/21

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(Case T-764/17)

(2018/C 134/29)

Language of the case: Spanish

Parties

Applicant: Autoridad Portuaria de Vigo (Vigo, Spain) (representative: J. Costas Alonso, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—Annul the corrigendum to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004) (corrected version in OJ L 226, 25.6.2004), published in the Official Journal of the European Union L 243, 21 September 2017;

—Annul the corrigendum to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004) (corrected version in OJ L 226, 25.6.2004), published in the Official Journal of the European Union L 243, 21 September 2017.

Pleas in law and main arguments

In support of the action, the applicant contends that:

1.It is surprising that the Commission has implicitly consented to the divergent application of the import rules for products of animal origin by Member States in well-defined cases, such as containers of frozen fishery products from China, all of which has a negative impact on fair competition between Member States.

2.The main problem has been identified with respect to the import of products of animal origin and the requirement of the so-called ‘double listing’ of vessels which supply third-state establishments.

3.A food business operator who imports products of animal origin from outside the European Union may only import fishery products from a third country if the third county in question, from where the products are dispatched, and the establishment from which the product is sent and in which the product has been obtained or prepared, are both listed.

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