(Case T-293/18)

Language of the case: Latvian

Parties

Applicant: Republic of Latvia (represented by: I. Kucina and V. Soņeca)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—Annul final Commission letter C(2018) 1418 of 12 March 2018, by which the Commission defined its position, and order that institution to adopt a position which does not produce adverse legal effects for Latvia.

—Order the European Commission to bear Latvia’s costs.

Pleas in law and main arguments

In support of its action, Latvia submits that, by defining its position, the Commission has infringed not only Article 263 TFEU, thus creating adverse legal effects for Latvia, but also Article 17(1) TEU, together with Article 3(1)(d) TFEU, Article 38 TFEU and Article 335 TFEU which require the Commission to guarantee that Norway correctly observes the commitments made by that State under the Treaty of Paris (1) regarding the rights of European Union Member States to non-discriminatory access to fish in the fishing zone of Svalbard.

(1) Treaty between Norway, The United States of America, Denmark, France, Italy, Japan, the Netherlands, Great Britain, Ireland, the British overseas Dominions and Sweden concerning Spitsbergen signed in Paris 9th February 1920. Available at: https://likumi.lv/ta/id/282051-par-ligumu-starp-norvegiju-amerikas-savienotajam-valstim-daniju-franciju-italiju-japanu-niderlandi-lielbritaniju-un