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Case C-204/18 P: Appeal brought on 18 March 2018 by Asociación de la pesca y acuicultura del entorno de Donana y del Bajo Guadalquivir (Pebagua) against the order of the General Court (Seventh Chamber) delivered on 16 January 2018 in Case T-715/16 Pebagua v Commission
ECLI:EU:UNKNOWN:62018CN0204
62018CN0204
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(Case C-204/18 P)
Language of the case: Spanish
Parties
Appellant: Asociación de la pesca y acuicultura del entorno de Donana y del Bajo Guadalquivir (Pebagua) (represented by: A. J. Uceda Sosa, abogado)
Other party to the proceedings: European Commission
Form of order sought
The appellant submits that the Court of Justice should:
—Set aside in its entirety the order of the General Court under appeal;
—Give final judgment in the matter, upholding in its entirety the form of order sought at first instance by the appellant and, therefore, set aside and cancel the effect of Commission Implementing Regulation (EU) 2016/1141 (1) or, alternatively, set aside and cancel the effect of the inclusion of the species Procambarus clarkii on the Union list approved by that regulation;
—Order the Commission to pay the costs of both actions.
Pleas in law and main arguments
The order under appeal does not go into the substance of the case raised in the appeal, but finds it inadmissible on the ground that the applicant lacks standing, resulting in an infringement of the second test for standing laid down in the fourth paragraph of Article 263 TFEU, given that the contested regulation directly affects the undertakings represented by the applicant, without the need for implementing measures.
*
(1) Commission Implementing Regulation (EU) 2016/1141 of 13 July 2016 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council (OJ 2016 L 189, p. 4).