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Case T-254/21: Order of the General Court of 25 July 2022 — Armadora Parleros v Commission (Non-contractual liability — Common fisheries policy — Failure by the Commission to exercise its powers of control covered by the applicable legislation — Engine power of boats — Sufficiently serious breach of a rule of law conferring rights on individuals — Damage — Causal link — Limitation period — Action manifestly inadmissible)
ECLI:EU:UNKNOWN:62021TB0254
62021TB0254
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19.9.2022
Official Journal of the European Union
C 359/72
(Case T-254/21) (<span class="oj-super oj-note-tag">1</span>)
(Non-contractual liability - Common fisheries policy - Failure by the Commission to exercise its powers of control covered by the applicable legislation - Engine power of boats - Sufficiently serious breach of a rule of law conferring rights on individuals - Damage - Causal link - Limitation period - Action manifestly inadmissible)
(2022/C 359/89)
Language of the case: Spanish
Parties
Applicant: Armadora Parleros, SL (Santa Eugenia de Ribeira, Spain) (represented by: J. Navas Marqués, lawyer)
Defendant: European Commission (represented by: M. Morales Puerta and K. Walkerová, acting as Agents)
Re:
By its action based on Article 268 TFEU, the applicant seeks compensation for damage caused to it by the loss of profit which it suffered as a result of an engine failure of its fishing vessel, the Vianto Tercero, in 2005. It attributes the origin of that engine failure to defective supervision by the Commission of the monitoring by the Kingdom of Spain of the rules of the common fisheries policy in the North-West Cantabrian sea fisheries zone. According to the applicant, the engine failure was caused by overuse of the engine due to the applicant’s exposure to unfair competition from fishing vessels with an engine power in excess of the permitted power.
Operative part of the order
1.The action is dismissed as being manifestly inadmissible and, in any event, manifestly lacking any foundation in law.
2.Armadora Parleros SL shall pay the costs.
(<span class="oj-super">1</span>) OJ C 252, 28.6.2021.