Official Journal of the European Union

C 5/34

(Case T-458/16) (<span class="super note-tag">1</span>)

((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.

(<span class="note">1</span>) OJ C 419, 14.11.2016.

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Language of the case: Spanish.