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Case T-443/17: Action brought on 14 July 2017 — António Conde & Companhia v Commission
ECLI:EU:UNKNOWN:62017TN0443
62017TN0443
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Official Journal of the European Union
C 293/39
(Case T-443/17)
(2017/C 293/49)
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:
—annul the Commission’s decision refusal to forward promptly to the Secretary of the North-East Atlantic Fisheries Commission the names of the Portuguese-licensed vessels SANTA ISABEL and CALVÃO, thus preventing them from operating, as from 1 July 2017, in the fishing zones of the North-East Atlantic, in order to fish for redfish and shrimp, and thereby infringing Article 5(1) of Regulation No 1236/2010 (1);
—order the 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 defendant has acted in breach of Article 5(1) of Regulation No 1236/2010 by interfering in the process of drafting or communication of the list of vessels drawn up by Portugal for forwarding to the Secretary of the North-East Atlantic Fisheries Commission. The defendant is not entitled to comment upon, amend, make recommendations regarding, assess, deny, draft or put pressure on the Member States in respect of such lists.
(1) Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (OJ 2010 L 348, p. 17).