EN

Official Journal of the European Union

C 231/29

(Case T-244/17)

(2017/C 231/36)

Language of the case: English

Parties

Applicant: António Conde & Companhia, SA (Gafanha de Nazaré, Portugal) (represented by: J. García-Gallardo Gil-Fournier, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Declare that the European Commission has failed to act in application of Article 14(1) of Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ 2007 L 318, p. 1) by requesting Portugal to submit to it a list of Portuguese-flagged vessels authorised to fish in the NAFO Regulatory Area for the season 2017 which excludes the fishing vessel CALVÃO, with the consequence that it has failed to forward a list including that vessel to the NAFO Secretariat;

—Order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging that the Commission breached Article 14(1) of Council Regulation (EC) No 1386/2007 by unlawfully failing to forward a list of vessels including the applicant’s fishing vessel CALVÃO for the purposes of authorisation to fish in the NAFO Regulatory Area for the season 2017.

The applicant maintains that the Commission lacks powers to participate in the drafting of the lists of authorised vessels which remains an exclusive competence of the Member States. The applicant has requested the Commission to desist from interfering in the drafting of the list concerned and has called upon it to fulfil its obligations regarding the forwarding of the list including its fishing vessel CALVÃO to the NAFO Secretariat.